By:  Bivins                                            S.B. No. 387
       73R4731 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the suspension of the driver's privileges of a person
    1-3  convicted of certain offenses or adjudicated as having engaged in
    1-4  certain conduct.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 24(a), (a-1), and (d), Chapter 173, Acts
    1-7  of the 47th Legislature, Regular Session, 1941 (Article 6687b,
    1-8  Vernon's Texas Civil Statutes), are amended to read as follows:
    1-9        (a)  Except as provided by Subsection (g) of this Section,
   1-10  the license of any person shall be automatically suspended upon
   1-11  final conviction of:
   1-12              (1)  an offense under Section 19.07, Penal Code,
   1-13  committed as a result of the person's criminally negligent
   1-14  operation of a motor vehicle;
   1-15              (2)  an offense under Section 19.05(a)(2), Penal Code;
   1-16              (3)  an offense under Article 6701l-1, Revised
   1-17  Statutes, committed as a result of the introduction of alcohol into
   1-18  the body;
   1-19              (4)  an offense punishable as a felony under the motor
   1-20  vehicle laws of this State;
   1-21              (5)  an offense under Section 38, Uniform Act
   1-22  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   1-23  Statutes); or
   1-24              (6)  an offense under Section 32 or 32A of this Act.
    2-1        (a-1)  The license of any person who was younger than 21
    2-2  years of age at the time of the offense, other than a misdemeanor
    2-3  punishable by fine only, shall be automatically suspended on
    2-4  conviction of:
    2-5              (1)  an offense under Article 6701l-1, Revised
    2-6  Statutes, committed as a result of the introduction of alcohol into
    2-7  the body;
    2-8              (2)  an offense under the Alcoholic Beverage Code
    2-9  involving the manufacture, delivery, possession, transportation, or
   2-10  use of an alcoholic beverage;
   2-11              (3)  a misdemeanor <an> offense under Chapter 481,
   2-12  Health and Safety Code (Texas Controlled Substances Act), for which
   2-13  Section 24B of this Act does not require the automatic suspension
   2-14  of the license of the person <involving the manufacture, delivery,
   2-15  possession, transportation, or use of a controlled substance>;
   2-16              (4)  an offense under Chapter 483, Health and Safety
   2-17  Code, involving the manufacture, delivery, possession,
   2-18  transportation, or use of a dangerous drug; or
   2-19              (5)  an offense under Chapter 484, Health and Safety
   2-20  Code, involving the manufacture, delivery, possession,
   2-21  transportation, or use of a volatile chemical.
   2-22        (d)  Except as provided by Subsections (g), (h), and (j) of
   2-23  this Section, if a person is convicted of an offense under Article
   2-24  6701l-1, Revised Statutes, committed as a result of the
   2-25  introduction of alcohol into the body, the suspension of the
   2-26  person's license shall be for a period determined by the court
   2-27  according to the following schedule:
    3-1              (1)  not less than ninety (90) or more than three
    3-2  hundred sixty-five (365) days, if the person is punished under
    3-3  Subsection (c) of that article, whether or not the punishment is
    3-4  increased under Subsection (f) of that article; or
    3-5              (2)  not less than one hundred eighty (180) days or
    3-6  more than two (2) years, if the person is punished under Subsection
    3-7  (d) or (e) of that article, whether or not the punishment is
    3-8  increased under Subsection (f) of that article.
    3-9        SECTION 2.  Sections 24B(a), (b), (d), and (e), Chapter 173,
   3-10  Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
   3-11  Vernon's Texas Civil Statutes), are amended to read as follows:
   3-12        (a)  In this section:
   3-13              (1)  "Controlled Substances Act" means the federal
   3-14  Controlled Substances Act (21 U.S.C. Section 321 et seq.).
   3-15              (2)  "Drug offense" has the meaning assigned by 23
   3-16  U.S.C. Section 104,  and includes an offense under Article 6701l-1,
   3-17  Revised Statutes, or Section 19.05(a)(2), Penal Code, committed as
   3-18  a result of the introduction into the body of any substance the
   3-19  possession of which is prohibited under the Controlled Substances
   3-20  Act<, as amended by Section 333, Pub.L. No. 101-516>.
   3-21              (3)  "Convicted" includes an adjudication under
   3-22  juvenile proceedings.
   3-23        (b)  The driver's license, if any, of a person shall be
   3-24  automatically suspended on final conviction of:
   3-25              (1)  an offense <a felony> under the Controlled
   3-26  Substances Act;
   3-27              (2)  a <felony> drug offense; or
    4-1              (3)  a felony under Chapter 481, Health and Safety
    4-2  Code, that is not a drug offense.
    4-3        (d)  The department is prohibited from issuing a driver's
    4-4  license to a person convicted of an offense specified in Subsection
    4-5  (b) of this section <a felony under the Controlled Substances Act,
    4-6  of a felony drug offense, or of a felony under Chapter 481, Health
    4-7  and Safety Code,> who on the date of conviction did not have a
    4-8  valid driver's license.
    4-9        (e)  The department is prohibited from reinstating the
   4-10  driver's license of a person convicted of an offense specified in
   4-11  Subsection (b) of this section <a felony under the Controlled
   4-12  Substances Act, of a felony drug offense, or of a felony under
   4-13  Chapter 481, Health and Safety Code,> if the driver's license was
   4-14  under suspension on the date of conviction.
   4-15        SECTION 3.  Sections 54.042(a) and (b), Family Code, are
   4-16  amended to read as follows:
   4-17        (a)  A juvenile court, in a disposition hearing under Section
   4-18  54.04 of this code, shall:
   4-19              (1)  order the Department of Public Safety to suspend a
   4-20  child's driver's license or permit, or if the child does not have a
   4-21  license or permit, to deny the issuance of a license or permit to
   4-22  the child if the court finds that the child has engaged in conduct
   4-23  that violates a law <the laws> of this state enumerated in Section
   4-24  24(a-1), Chapter 173, Acts of the 47th Legislature, Regular
   4-25  Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes); or
   4-26              (2)  notify the Department of Public Safety of the
   4-27  adjudication, if the court finds that the child has engaged in
    5-1  conduct that violates a law of this state enumerated in Section
    5-2  24B(b), Chapter 173, Acts of the 47th Legislature, Regular Session,
    5-3  1941 (Article 6687b, Vernon's Texas Civil Statutes) <prohibiting:>
    5-4              <(1)  driving while intoxicated under Article 6701l-1,
    5-5  Revised Statutes; or>
    5-6              <(2)  the use, possession, manufacture, or delivery of
    5-7  a controlled substance or marihuana under Chapter 481, Health and
    5-8  Safety Code>.
    5-9        (b)  The order under Subsection (a)(1) of this section shall
   5-10  specify a period of suspension or denial that is:
   5-11              (1)  until the child reaches the age of 17 or for a
   5-12  period of 365 days, whichever is longer; or
   5-13              (2)  if the court finds that the child has engaged in
   5-14  conduct violating the laws of this state prohibiting driving while
   5-15  intoxicated, by reason of the introduction of alcohol into the
   5-16  body, under Article 6701l-1, Revised Statutes, and also determines
   5-17  that the child has previously been found to have engaged in conduct
   5-18  violating the same laws, until the child reaches the age of 19 or
   5-19  for a period of 365 days, whichever is longer.
   5-20        SECTION 4.  Section 25(c), Chapter 173, Acts of the 47th
   5-21  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   5-22  Civil Statutes), is amended to read as follows:
   5-23        (c)  For the purpose of this Act, the term "conviction" shall
   5-24  mean a final conviction.  A conviction <of an offense described in
   5-25  Section 24(a) or (a-1) of this Act> is a final conviction whether
   5-26  or not any portion of the sentence for the conviction was suspended
   5-27  or probated.  Also, for the purpose of this Act, a final judgment
    6-1  of forfeiture of bail or collateral deposited to secure a
    6-2  defendant's appearance in court, which forfeiture has not been
    6-3  vacated, shall be equivalent to a conviction.
    6-4        SECTION 5.  This Act takes effect April 1, 1993, and applies
    6-5  only to a person convicted of an offense committed, or adjudicated
    6-6  under juvenile proceedings for conduct engaged in, on or after the
    6-7  effective date of this Act.  For purposes of this section, an
    6-8  offense was committed or conduct was engaged in before the
    6-9  effective date of this Act if any element of the offense or conduct
   6-10  occurred before the effective date.  An offense committed or
   6-11  conduct engaged in before the effective date of this Act is covered
   6-12  by the law in effect when the offense was committed or the conduct
   6-13  was engaged in, and the former law is continued in effect for this
   6-14  purpose.
   6-15        SECTION 6.  The importance of this legislation and the
   6-16  crowded condition of the calendars in both houses create an
   6-17  emergency and an imperative public necessity that the
   6-18  constitutional rule requiring bills to be read on three several
   6-19  days in each house be suspended, and this rule is hereby suspended,
   6-20  and that this Act take effect and be in force according to its
   6-21  terms, and it is so enacted.