1-1  By:  Bivins                                            S.B. No. 387
    1-2        (In the Senate - Filed February 18, 1993; February 18, 1993,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 9, 1993, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; March 9, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley             x                               
   1-12        Sims                                          x    
   1-13        Turner             x                               
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the suspension of the driver's privileges of a person
   1-18  convicted of certain offenses or adjudicated as having engaged in
   1-19  certain conduct.
   1-20        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-21        SECTION 1.  Subsections (a), (a-1), and (d), Section 24,
   1-22  Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
   1-23  (Article 6687b, Vernon's Texas Civil Statutes), are amended to read
   1-24  as follows:
   1-25        (a)  Except as provided by Subsection (g) of this Section,
   1-26  the license of any person shall be automatically suspended upon
   1-27  final conviction of:
   1-28              (1)  an offense under Section 19.07, Penal Code,
   1-29  committed as a result of the person's criminally negligent
   1-30  operation of a motor vehicle;
   1-31              (2)  an offense under Section 19.05(a)(2), Penal Code;
   1-32              (3)  an offense under Article 6701l-1, Revised
   1-33  Statutes, committed as a result of the introduction of alcohol into
   1-34  the body;
   1-35              (4)  an offense punishable as a felony under the motor
   1-36  vehicle laws of this State;
   1-37              (5)  an offense under Section 38, Uniform Act
   1-38  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   1-39  Statutes); or
   1-40              (6)  an offense under Section 32 or 32A of this Act.
   1-41        (a-1)  The license of any person who was younger than 21
   1-42  years of age at the time of the offense, other than a misdemeanor
   1-43  punishable by fine only, shall be automatically suspended on
   1-44  conviction of:
   1-45              (1)  an offense under Article 6701l-1, Revised
   1-46  Statutes, committed as a result of the introduction of alcohol into
   1-47  the body;
   1-48              (2)  an offense under the Alcoholic Beverage Code
   1-49  involving the manufacture, delivery, possession, transportation, or
   1-50  use of an alcoholic beverage;
   1-51              (3)  a misdemeanor <an> offense under Chapter 481,
   1-52  Health and Safety Code (Texas Controlled Substances Act), for which
   1-53  Section 24B of this Act does not require the automatic suspension
   1-54  of the license of the person <involving the manufacture, delivery,
   1-55  possession, transportation, or use of a controlled substance>;
   1-56              (4)  an offense under Chapter 483, Health and Safety
   1-57  Code, involving the manufacture, delivery, possession,
   1-58  transportation, or use of a dangerous drug; or
   1-59              (5)  an offense under Chapter 484, Health and Safety
   1-60  Code, involving the manufacture, delivery, possession,
   1-61  transportation, or use of a volatile chemical.
   1-62        (d)  Except as provided by Subsections (g), (h), and (j) of
   1-63  this Section, if a person is convicted of an offense under Article
   1-64  6701l-1, Revised Statutes, committed as a result of the
   1-65  introduction of alcohol into the body, the suspension of the
   1-66  person's license shall be for a period determined by the court
   1-67  according to the following schedule:
   1-68              (1)  not less than ninety (90) or more than three
    2-1  hundred sixty-five (365) days, if the person is punished under
    2-2  Subsection (c) of that article, whether or not the punishment is
    2-3  increased under Subsection (f) of that article; or
    2-4              (2)  not less than one hundred eighty (180) days or
    2-5  more than two (2) years, if the person is punished under Subsection
    2-6  (d) or (e) of that article, whether or not the punishment is
    2-7  increased under Subsection (f) of that article.
    2-8        SECTION 2.  Subsections (a), (b), (d), and (e), Section 24B,
    2-9  Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
   2-10  (Article 6687b, Vernon's Texas Civil Statutes), are amended to read
   2-11  as follows:
   2-12        (a)  In this section:
   2-13              (1)  "Controlled Substances Act" means the federal
   2-14  Controlled Substances Act (21 U.S.C. Section 321 et seq.).
   2-15              (2)  "Drug offense" has the meaning assigned by 23
   2-16  U.S.C. Section 104 and includes an offense under Article 6701l-1,
   2-17  Revised Statutes, or Section 19.05(a)(2), Penal Code, committed as
   2-18  a result of the introduction into the body of any substance the
   2-19  possession of which is prohibited under the Controlled Substances
   2-20  Act<, as amended by Section 333, Pub.L. No. 101-516>.
   2-21              (3)  "Convicted" includes an adjudication under
   2-22  juvenile proceedings.
   2-23        (b)  The driver's license, if any, of a person shall be
   2-24  automatically suspended on final conviction of:
   2-25              (1)  an offense <a felony> under the Controlled
   2-26  Substances Act;
   2-27              (2)  a <felony> drug offense; or
   2-28              (3)  a felony under Chapter 481, Health and Safety
   2-29  Code, that is not a drug offense.
   2-30        (d)  The department is prohibited from issuing a driver's
   2-31  license to a person convicted of an offense specified in Subsection
   2-32  (b) of this section <a felony under the Controlled Substances Act,
   2-33  of a felony drug offense, or of a felony under Chapter 481, Health
   2-34  and Safety Code,> who on the date of conviction did not have a
   2-35  valid driver's license.
   2-36        (e)  The department is prohibited from reinstating the
   2-37  driver's license of a person convicted of an offense specified in
   2-38  Subsection (b) of this section <a felony under the Controlled
   2-39  Substances Act, of a felony drug offense, or of a felony under
   2-40  Chapter 481, Health and Safety Code,> if the driver's license was
   2-41  under suspension on the date of conviction.
   2-42        SECTION 3.  Subsections (a) and (b), Section 54.042, Family
   2-43  Code, are amended to read as follows:
   2-44        (a)  A juvenile court, in a disposition hearing under Section
   2-45  54.04 of this code, shall:
   2-46              (1)  order the Department of Public Safety to suspend a
   2-47  child's driver's license or permit, or if the child does not have a
   2-48  license or permit, to deny the issuance of a license or permit to
   2-49  the child if the court finds that the child has engaged in conduct
   2-50  that violates a law <the laws> of this state enumerated in Section
   2-51  24(a-1), Chapter 173, Acts of the 47th Legislature, Regular
   2-52  Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes); or
   2-53              (2)  notify the Department of Public Safety of the
   2-54  adjudication, if the court finds that the child has engaged in
   2-55  conduct that violates a law of this state enumerated in Section
   2-56  24B(b), Chapter 173, Acts of the 47th Legislature, Regular Session,
   2-57  1941 (Article 6687b, Vernon's Texas Civil Statutes) <prohibiting:>
   2-58              <(1)  driving while intoxicated under Article 6701l-1,
   2-59  Revised Statutes; or>
   2-60              <(2)  the use, possession, manufacture, or delivery of
   2-61  a controlled substance or marihuana under Chapter 481, Health and
   2-62  Safety Code>.
   2-63        (b)  The order under Subsection (a)(1) of this section shall
   2-64  specify a period of suspension or denial that is:
   2-65              (1)  until the child reaches the age of 17 or for a
   2-66  period of 365 days, whichever is longer; or
   2-67              (2)  if the court finds that the child has engaged in
   2-68  conduct violating the laws of this state prohibiting driving while
   2-69  intoxicated, by reason of the introduction of alcohol into the
   2-70  body, under Article 6701l-1, Revised Statutes, and also determines
    3-1  that the child has previously been found to have engaged in conduct
    3-2  violating the same laws, until the child reaches the age of 19 or
    3-3  for a period of 365 days, whichever is longer.
    3-4        SECTION 4.  Subsection (c), Section 25, Chapter 173, Acts of
    3-5  the 47th Legislature, Regular Session, 1941 (Article 6687b,
    3-6  Vernon's Texas Civil Statutes), is amended to read as follows:
    3-7        (c)  For the purpose of this Act, the term "conviction" shall
    3-8  mean a final conviction.  A conviction <of an offense described in
    3-9  Section 24(a) or (a-1) of this Act> is a final conviction whether
   3-10  or not any portion of the sentence for the conviction was suspended
   3-11  or probated.  Also, for the purpose of this Act, a final judgment
   3-12  of forfeiture of bail or collateral deposited to secure a
   3-13  defendant's appearance in court, which forfeiture has not been
   3-14  vacated, shall be equivalent to a conviction.
   3-15        SECTION 5.  This Act takes effect April 1, 1993, and applies
   3-16  only to a person convicted of an offense committed, or adjudicated
   3-17  under juvenile proceedings for conduct engaged in, on or after the
   3-18  effective date of this Act.  For purposes of this section, an
   3-19  offense was committed or conduct was engaged in before the
   3-20  effective date of this Act if any element of the offense or conduct
   3-21  occurred before the effective date.  An offense committed or
   3-22  conduct engaged in before the effective date of this Act is covered
   3-23  by the law in effect when the offense was committed or the conduct
   3-24  was engaged in, and the former law is continued in effect for this
   3-25  purpose.
   3-26        SECTION 6.  The importance of this legislation and the
   3-27  crowded condition of the calendars in both houses create an
   3-28  emergency and an imperative public necessity that the
   3-29  constitutional rule requiring bills to be read on three several
   3-30  days in each house be suspended, and this rule is hereby suspended,
   3-31  and that this Act take effect and be in force according to its
   3-32  terms, and it is so enacted.
   3-33                               * * * * *
   3-34                                                         Austin,
   3-35  Texas
   3-36                                                         March 9, 1993
   3-37  Hon. Bob Bullock
   3-38  President of the Senate
   3-39  Sir:
   3-40  We, your Committee on Criminal Justice to which was referred S.B.
   3-41  No. 387, have had the same under consideration, and I am instructed
   3-42  to report it back to the Senate with the recommendation that it do
   3-43  pass and be printed.
   3-44                                                         Whitmire,
   3-45  Chairman
   3-46                               * * * * *
   3-47                               WITNESSES
   3-48                                                  FOR   AGAINST  ON
   3-49  ___________________________________________________________________
   3-50  Name:  Robert Owen                                             x
   3-51  Representing:  Dept. of Public Safety
   3-52  City:  Austin
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   3-54  Name:  Charles Karakashian Jr.                                 x
   3-55  Representing:  Dept. of Public Safety
   3-56  City:  Austin
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   3-58  Name:  Jefferson Grimes                                        x
   3-59  Representing:  Tx Dept. of Transportation
   3-60  City:  Austin
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   3-62                                                  FOR   AGAINST  ON
   3-63  ___________________________________________________________________
   3-64  Name:  David Soileau                                           x
   3-65  Representing:  Tx DOT
   3-66  City:  Austin
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   3-68  Name:  Robby Duffield                                          x
   3-69  Representing:  Tx Comm. Alcohol Drug Abuse
   3-70  City:  Austin
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    4-2  Name:  John Schneider                            x
    4-3  Representing:  Tx PTA
    4-4  City:  Austin
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