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
3-53 -------------------------------------------------------------------
3-54 Name: Charles Karakashian Jr. x
3-55 Representing: Dept. of Public Safety
3-56 City: Austin
3-57 -------------------------------------------------------------------
3-58 Name: Jefferson Grimes x
3-59 Representing: Tx Dept. of Transportation
3-60 City: Austin
3-61 -------------------------------------------------------------------
3-62 FOR AGAINST ON
3-63 ___________________________________________________________________
3-64 Name: David Soileau x
3-65 Representing: Tx DOT
3-66 City: Austin
3-67 -------------------------------------------------------------------
3-68 Name: Robby Duffield x
3-69 Representing: Tx Comm. Alcohol Drug Abuse
3-70 City: Austin
4-1 -------------------------------------------------------------------
4-2 Name: John Schneider x
4-3 Representing: Tx PTA
4-4 City: Austin
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