By: Henderson S.B. No. 864
73R3969 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to driver's licenses, permits, and resident and
1-3 nonresident operating privileges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 10(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) Only the court in which the defendant was tried may
1-8 grant probation, impose conditions, revoke the probation, or
1-9 discharge the defendant, unless the court has transferred
1-10 jurisdiction of the case to another court with the latter's
1-11 consent. Except as provided by Subsection (d) of this section,
1-12 only the court may alter conditions of probation. In a felony
1-13 case, only the judge who originally sentenced the defendant may
1-14 suspend execution thereof and place the defendant under probation
1-15 pursuant to Section 6 of this article except that if the judge who
1-16 originally sentenced the defendant is deceased or disabled or if
1-17 the office is vacant and a motion is filed in accordance with
1-18 Section 6 of this article, the clerk of the court shall promptly
1-19 forward a copy of the motion to the presiding judge of the
1-20 administrative judicial district for that court, who may deny the
1-21 motion without a hearing or appoint a judge to hold a hearing on
1-22 the motion. If the court revokes the probation of a defendant for
1-23 an offense under Article 6701l-1, Revised Statutes, and the
1-24 driver's license or privilege to operate a motor vehicle has not
2-1 previously been ordered by the court to be suspended, or if the
2-2 suspension was previously probated, the court shall suspend the
2-3 license or privilege for a period provided under Section 24,
2-4 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
2-5 (Article 6687b, Vernon's Texas Civil Statutes). The suspension
2-6 shall be reported to the Department of Public Safety as provided
2-7 under Section 25, Chapter 173, Acts of the 47th Legislature,
2-8 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
2-9 Statutes).
2-10 SECTION 2. Sections 13(h), (j), (k), and (l), Article 42.12,
2-11 Code of Criminal Procedure, are amended to read as follows:
2-12 (h) If a person convicted of an offense under Article
2-13 6701l-1, Revised Statutes, is punished under Subsection (c) of that
2-14 article and is placed on probation, the court shall require, as a
2-15 condition of the probation, that the defendant attend and
2-16 successfully complete before the 181st day after the day probation
2-17 is granted an educational program jointly approved by the Texas
2-18 Commission on Alcohol and Drug Abuse, the Department of Public
2-19 Safety, the Traffic Safety Section of the State Department of
2-20 Highways and Public Transportation, and the community justice
2-21 assistance division of the Texas Department of Criminal Justice
2-22 <Texas Adult Probation Commission> designed to rehabilitate persons
2-23 who have driven while intoxicated. The Texas Commission on Alcohol
2-24 and Drug Abuse shall publish the jointly approved rules and shall
2-25 monitor, coordinate, and provide training to persons providing the
2-26 educational programs. The Texas Commission on Alcohol and Drug
2-27 Abuse is responsible for the administration of the certification of
3-1 approved educational programs and may charge a nonrefundable
3-2 application fee for the initial certification of approval and for
3-3 renewal of a certificate. The judge may waive the educational
3-4 program requirement or may grant an extension of time to
3-5 successfully complete the program that expires not later than one
3-6 year after the beginning date of the person's probation, however,
3-7 if the defendant by a motion in writing shows good cause. In
3-8 determining good cause, the judge may consider but is not limited
3-9 to: the offender's school and work schedule, the offender's
3-10 health, the distance that the offender must travel to attend an
3-11 educational program, and the fact that the offender resides out of
3-12 state, has no valid driver's license, or does not have access to
3-13 transportation. The judge shall set out the finding of good cause
3-14 for waiver in the judgment. If a person is required, as a
3-15 condition of probation, to attend an educational program or if the
3-16 court waives the educational program requirement, the court clerk
3-17 shall immediately report that fact to the Department of Public
3-18 Safety, on a form prescribed by the department, for inclusion in
3-19 the person's driving record. If the court grants an extension of
3-20 time in which the person may complete the program, the court clerk
3-21 shall immediately report that fact to the Department of Public
3-22 Safety on a form prescribed by the department. The report must
3-23 include the beginning date of the person's probation. Upon the
3-24 successful completion of the educational program, the person shall
3-25 give notice to the probation department. The probation department
3-26 shall then forward the notice to the court clerk. The court clerk
3-27 shall then report the date of successful completion of the
4-1 educational program to the Department of Public Safety for
4-2 inclusion in the person's driving record. If the department does
4-3 not receive notice that a person required to complete an
4-4 educational program has successfully completed the program within
4-5 the period required by this section, as shown on department
4-6 records, the department shall revoke <suspend> the person's
4-7 driver's license, permit, or privilege or prohibit the person from
4-8 obtaining a license or permit, as provided by Section 24(g)(2),
4-9 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
4-10 (Article 6687b, Vernon's Texas Civil Statutes). This subsection
4-11 does not apply to a defendant if a jury recommends probation for
4-12 the defendant and also recommends that the defendant's driver's
4-13 license not be suspended.
4-14 (j) The court may require or permit a person who was
4-15 previously convicted of an offense under Article 6701l-1, Revised
4-16 Statutes, and who was required to attend an educational program
4-17 under Subsection (h) of this section as a condition of probation,
4-18 to attend an educational program under Subsection (h) of this
4-19 section with a curriculum for repeat offenders approved by the
4-20 Texas Commission on Alcohol and Drug Abuse if the court determines
4-21 that attendance at a program would be in the person's best
4-22 interest. If the Department of Public Safety does not receive
4-23 notice that a person required to complete an educational program
4-24 has successfully completed the program before the 181st day after
4-25 the date probation is granted, as shown on department records, the
4-26 department shall revoke the person's driver's license, permit, or
4-27 privilege and prohibit the person from obtaining a license or
5-1 permit, as provided by Section 24(g)(2), Chapter 173, Acts of the
5-2 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
5-3 Texas Civil Statutes).
5-4 (k) Notwithstanding Section 24(g), Chapter 173, Acts of the
5-5 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
5-6 Texas Civil Statutes), if the court, under Subsection (h) or (j) of
5-7 this section, permits or requires a person to attend an educational
5-8 program as a condition of probation, or waives the required
5-9 attendance for such a program, and the person has previously been
5-10 convicted of an offense under Article 6701l-1, Revised Statutes,
5-11 and has previously been required to attend such a program, or the
5-12 required attendance at that program had been waived, the court
5-13 nonetheless shall order the suspension of <automatically suspend>
5-14 the driver's license, permit, or operating privilege of that person
5-15 for a period determined by the court according to the following
5-16 schedule:
5-17 (1) not less than 90 days or more than 365 days, if
5-18 the person is punished under Subsection (c), Article 6701l-1,
5-19 Revised Statutes, whether or not the punishment is increased under
5-20 Subsection (f) of that article; or
5-21 (2) not less than 180 days or more than two years, if
5-22 the person is punished under Subsection (d) or (e), Article
5-23 6701l-1, Revised Statutes, whether or not the punishment is
5-24 increased under Subsection (f) of that article.
5-25 (l) If the Department of Public Safety receives notice that
5-26 a person has been required or permitted to attend a subsequent <an>
5-27 educational program under Subsection (h), (j), or (k) of this
6-1 section, although the previously required attendance had been
6-2 waived, but the court has not ordered a period of suspension, the
6-3 department shall suspend the person's driver's license, permit, or
6-4 operating privilege, or shall issue an order prohibiting the person
6-5 from obtaining a license or permit for a period of 365 days.
6-6 SECTION 3. Section 2(f), Chapter 434, Acts of the 61st
6-7 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
6-8 Civil Statutes), is amended to read as follows:
6-9 (f) When the director receives the report, the director
6-10 shall suspend the person's license, permit, or resident or
6-11 nonresident <operating> privilege to operate a motor vehicle on a
6-12 public highway, or shall issue an order prohibiting the person from
6-13 obtaining a license or permit, for 90 days effective 28 days after
6-14 the date the person receives notice by certified mail or 31 days
6-15 after the date the director sends notice by certified mail, if the
6-16 person has not accepted delivery of the notice. If, not later than
6-17 the 20th day after the date on which the person receives notice by
6-18 certified mail or the 23rd day after the date the director sent
6-19 notice by certified mail, if the person has not accepted delivery
6-20 of the notice, the department receives a written demand that a
6-21 hearing be held, the department shall promptly make arrangements<,
6-22 not later than the 10th day after the day of receipt of the demand,
6-23 request a court> to set the hearing for the earliest practical time
6-24 <possible date>. The hearing shall be set in the same manner as a
6-25 hearing under Section 22(a), Chapter 173, Acts of the 47th
6-26 Legislature, Regular Session, 1941, as amended (Article 6687b,
6-27 Vernon's Texas Civil Statutes). If, upon such hearing the hearing
7-1 officer <court> finds (1) that probable cause existed that such
7-2 person was driving or in actual physical control of a motor vehicle
7-3 on the highway or upon a public beach while intoxicated, (2) that
7-4 the person was placed under arrest by the officer and was offered
7-5 an opportunity to give a specimen under the provisions of this Act,
7-6 and (3) that such person refused to give a specimen upon request of
7-7 the officer, then the Director of the Texas Department of Public
7-8 Safety shall suspend the person's license or permit to drive, or
7-9 any nonresident operating privilege for a period of 90 days<, as
7-10 ordered by the court>. If the person is a resident without a
7-11 license or permit to operate a motor vehicle in this State, the
7-12 Texas Department of Public Safety shall deny to the person the
7-13 issuance of a license or permit for 90 days. If the person or the
7-14 person's agent fails to appear at a hearing under this subsection,
7-15 the department shall suspend the person's license, permit, or
7-16 resident or nonresident operating privilege for 90 days.
7-17 SECTION 4. Section 1, Chapter 173, Acts of the 47th
7-18 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
7-19 Civil Statutes), is amended by amending Subdivisions (5) and (6)
7-20 and adding Subdivision (12) to read as follows:
7-21 (5) "Revocation of driver's license" means the
7-22 termination for an indefinite period of time by formal action of
7-23 the Department of a person's license or privilege to operate a
7-24 motor vehicle on a public highway which may not be restored until
7-25 all requirements for which the revocation action was taken have
7-26 been satisfied <except by applying to the Department for a new
7-27 license after the expiration date of the revocation>.
8-1 (6) "Suspension of driver's license" means the
8-2 temporary withdrawal for a definite period of time of a person's
8-3 license or privilege to operate a motor vehicle on a public
8-4 highway.
8-5 (12) "Director" has the meaning assigned by Section
8-6 411.001, Government Code.
8-7 SECTION 5. Section 4A, Chapter 173, Acts of the 47th
8-8 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
8-9 Civil Statutes), as added by Chapter 303, Acts of the 68th
8-10 Legislature, Regular Session, 1983, is redesignated as Section 4B
8-11 to read as follows:
8-12 Sec. 4B <4A>. (a) The Department may not issue a license or
8-13 permit to a person convicted of an offense under Article 6701l-1,
8-14 Revised Statutes, or Section 19.05(a)(2), Penal Code, or an offense
8-15 to which Section 24(a-1) of this Act applies unless the period of
8-16 suspension that would have applied had the person had a license,
8-17 permit, or privilege at the time of the conviction has expired.
8-18 The Department may not issue a license or permit to a person if the
8-19 Department has been ordered by a juvenile court under Section
8-20 54.042, Family Code, to deny the person a license or permit, unless
8-21 the period of time specified in the order has expired.
8-22 (b) A person does not have a privilege to operate a motor
8-23 vehicle in this state during the period described in Subsection (a)
8-24 of this section if the Department is prohibited from issuing a
8-25 license or permit to that person under this section.
8-26 SECTION 6. Section 6(b), Chapter 173, Acts of the 47th
8-27 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
9-1 Civil Statutes), is amended to read as follows:
9-2 (b) Every said original application shall state the
9-3 applicant's full name, place and date of birth, such information to
9-4 be verified by presentation of proof of identity <a certified copy
9-5 of the applicant's birth certificate or other documentary evidence
9-6 deemed> satisfactory to <by> the Department. Such application
9-7 shall also include the thumbprints, or if for any reason
9-8 thumbprints cannot be taken, the index fingerprints of the
9-9 applicant, and shall state the sex and residence address of the
9-10 applicant, and briefly describe the applicant, and shall state
9-11 whether the applicant has theretofore been licensed to drive a
9-12 motor vehicle and, if so, when and by what state or country, and
9-13 whether any such license has ever been suspended or revoked or
9-14 whether an application has ever been refused, and, if so, the date
9-15 of and reason for such suspension, revocation, or refusal, and
9-16 whether the applicant, if less than twenty-five (25) years of age,
9-17 has completed a driver education course approved by the Department,
9-18 and such other information as the Department may require to
9-19 determine the applicant's identity, competency and eligibility.
9-20 Information about the medical history of an applicant supplied to
9-21 the Department or a Medical Advisory Board is for the confidential
9-22 use of the Department or the Board and may not be divulged to any
9-23 person or used as evidence in a legal proceeding except a
9-24 proceeding under Section 22 or Section 31 of this Act.
9-25 SECTION 7. Sections 22(a) and (b), Chapter 173, Acts of the
9-26 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
9-27 Texas Civil Statutes), are amended to read as follows:
10-1 (a) When under Section 10 of this Act the Director believes
10-2 the licensee to be incapable of safely operating a motor vehicle or
10-3 when the Department receives necessary information about a licensee
10-4 in accordance with a contract made under Section 2, Article 6687c,
10-5 Revised Statutes, the Director may notify said licensee of such
10-6 fact and summons him to appear for hearing as provided hereinafter.
10-7 Such hearing shall be had not less than ten (10) days after
10-8 notification to the licensee or operator under any of the
10-9 provisions of this section, and upon charges in writing, a copy of
10-10 which shall be given to said operator or licensee not less than ten
10-11 (10) days before said hearing, except as otherwise provided by this
10-12 subsection. For the purpose of hearing <such> cases under this
10-13 subsection, jurisdiction is vested in the hearing officer, <mayor
10-14 of the city, or> judge of the municipal <police> court, or a
10-15 Justice of the Peace in the county where the operator or licensee
10-16 resides. The <Such> officer may receive a fee for hearing a case
10-17 <such cases> if <such> a fee is approved and set by the County
10-18 Commissioners Court which has jurisdiction over the residence of
10-19 the operator or licensee. The <and such> fee shall not exceed Five
10-20 Dollars ($5.00) per case and shall be paid from the General Revenue
10-21 Fund of the County. Any fees, not to exceed Five Dollars ($5.00)
10-22 per case, which the County Commissioners Court may determine to be
10-23 owed to the <such> officer for past hearings, or any fees, not to
10-24 exceed Five Dollars ($5.00) per case, previously paid the <such>
10-25 officer for hearing <said> cases, are <is hereby> authorized. The
10-26 officer <Such court> may administer oaths and may issue subpoenas
10-27 for the attendance of witnesses and the production of relevant
11-1 <relative> books and papers. It shall be the duty of the officer
11-2 <court> to set the matter for hearing at the earliest practical
11-3 time <upon ten (10) days' written notice to the Department>. At a
11-4 <Upon such> hearing, the issues to be determined are whether the
11-5 license shall be suspended or whether the license shall be revoked,
11-6 and, in the event of a suspension, the length of time of the
11-7 suspension, which shall not exceed one (1) year, except as provided
11-8 under Subsection (c) of this section. In the event of a revocation
11-9 under the twelfth (12th) ground listed in Subsection (b) of this
11-10 section, the officer who presides over the hearing shall report to
11-11 the Department to revoke the person's license until notice is
11-12 received under Subsection (b), Section 5, Article 6687c, Revised
11-13 Statutes, to reinstate the person's license. In other cases, the
11-14 officer who presides at such hearing shall report the finding to
11-15 the Department which shall have authority to suspend the license
11-16 for the length of time reported. In the event of an affirmative
11-17 finding, the licensee may appeal the decision as provided under
11-18 Section 31 of this Act <to the county court of the county wherein
11-19 the hearing was held, said appeal to be tried de novo>. Notice by
11-20 certified <registered> mail to the address shown on the license of
11-21 the licensee shall constitute service for the purpose of this
11-22 section. If the hearing is to determine whether a licensee is an
11-23 habitual violator of the traffic law, and if the certified
11-24 <registered> letter is returned to the Department because the
11-25 Department has not been notified of the licensee's correct address
11-26 or because the licensee has refused to accept the certified
11-27 <registered> letter, the Director may give the licensee notice of a
12-1 pending hearing by publishing notice in a newspaper of general
12-2 circulation in the County of the licensee's residence, as listed in
12-3 Department records, at least thirty (30) days before the hearing.
12-4 The Director shall specify in the notice the place, time, and date
12-5 of the hearing and shall state in the notice that the Department is
12-6 entitled to suspend for a period of not more than one (1) year the
12-7 license of a licensee who is found to be an habitual violator of
12-8 the traffic law.
12-9 (b) Except for the fifth (5th), eleventh (11th), <and>
12-10 twelfth (12th), fourteenth (14th), fifteenth (15th), and sixteenth
12-11 (16th) listed grounds in this subsection, for which the director
12-12 has authority to revoke a license, the authority to suspend the
12-13 license of any driver as authorized in this Section is granted the
12-14 director upon determining that the person:
12-15 (1) has operated a motor vehicle on a highway while
12-16 the person's license was suspended, revoked, canceled,
12-17 disqualified, or denied;
12-18 (2) has been responsible as a driver for any accident
12-19 resulting in death;
12-20 (3) is an habitual reckless or negligent driver of a
12-21 motor vehicle;
12-22 (4) is an habitual violator of the traffic law.
12-23 The term "habitual violator" as used herein, shall mean any
12-24 person with four (4) or more convictions arising out of different
12-25 transactions in a consecutive period of twelve (12) months, or
12-26 seven (7) or more convictions arising out of different transactions
12-27 within a period of twenty-four (24) months, such convictions being
13-1 for moving violations of the traffic laws of any <this> state or
13-2 its political subdivisions other than a violation of:
13-3 (A) Section 3 or 5, Chapter 42, General Laws,
13-4 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
13-5 6701d-11, Vernon's Texas Civil Statutes);
13-6 (B) Chapter 293, Acts of the 53rd Legislature,
13-7 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
13-8 Statutes);
13-9 (C) Chapter 608, Acts of the 65th Legislature,
13-10 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
13-11 Statutes);
13-12 (D) Chapter 73, Acts of the 54th Legislature,
13-13 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
13-14 Statutes);
13-15 (E) Chapter 212, Acts of the 56th Legislature,
13-16 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
13-17 Statutes);
13-18 (F) Chapter 8, Acts of the 62nd Legislature,
13-19 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
13-20 Statutes); or
13-21 (G) Section 107C, Uniform Act Regulating Traffic
13-22 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
13-23 (5) is incapable of safely driving a motor vehicle;
13-24 (6) has permitted an unlawful or fraudulent use of
13-25 such license;
13-26 (7) has committed an offense in another state, which
13-27 if committed in this State would be grounds for suspension or
14-1 revocation;
14-2 (8) has violated a restriction or endorsement imposed
14-3 on the use of the license;
14-4 (9) has been responsible as a driver for any accident
14-5 resulting in serious personal injury or serious property damage;
14-6 (10) is the holder of a provisional license under
14-7 Section 11A of this Act and has been convicted of two (2) or more
14-8 moving violations committed within a period of twelve (12) months;
14-9 (11) has not complied with the terms of a citation
14-10 issued by a jurisdiction that is a member of the Nonresident
14-11 Violator Compact of 1977 for a violation to which the compact
14-12 applies;
14-13 (12) has a warrant of arrest outstanding, for failure
14-14 to appear or pay a fine on a complaint, that is issued by a
14-15 political subdivision that has contracted with the Department under
14-16 Article 6687c, Revised Statutes;
14-17 (13) has committed an offense under Section 186,
14-18 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
14-19 Texas Civil Statutes);
14-20 (14) has failed to provide medical records or has
14-21 failed to undergo medical or other examinations as required by a
14-22 panel of the Medical Advisory Board;
14-23 (15) has failed to take, or failed to pass, any
14-24 examination required by the director under this Act; or
14-25 (16) has been reported by a court under Section 1c or
14-26 2(a), Chapter 302, Acts of the 55th Legislature, Regular Session,
14-27 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for failure
15-1 to appear or default in payment of a fine unless the court has
15-2 filed an additional report on final disposition of the case.
15-3 SECTION 8. Section 22, Chapter 173, Acts of the 47th
15-4 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
15-5 Civil Statutes), is amended by adding Subsections (c) and (g) to
15-6 read as follows:
15-7 (c) For purposes of a hearing under Subsection (b)(1) of
15-8 this section, the period of suspension shall be automatically
15-9 extended on an affirmative finding. The extended period of
15-10 suspension shall be for the same period as the original suspension,
15-11 or one year, whichever is greater.
15-12 (g) All decisions rendered under this section become final
15-13 10 days after the date an order is entered, except when the
15-14 decision is appealed as provided under Section 31 of this Act.
15-15 SECTION 9. Section 22(e), Chapter 173, Acts of the 47th
15-16 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
15-17 Civil Statutes), is amended to read as follows:
15-18 (e)(1) The <judge or> officer holding a hearing under
15-19 Subsection (a), (b), or (d) of this section, or the court trying an
15-20 appeal under Section 31 of this Act, on determining that the
15-21 License shall be suspended <or revoked>, may, when it appears to
15-22 the satisfaction of the court that the ends of justice and the best
15-23 interests of the public as well as the defendant will be subserved
15-24 thereby, recommend that the <revocation or> suspension be probated
15-25 on terms and conditions deemed by the officer or judge to be
15-26 necessary or proper. The report to the Department of the results
15-27 of the hearing must include the terms and conditions of such
16-1 probation. When probation is recommended by the judge or officer
16-2 presiding at a hearing, the Department shall probate the suspension
16-3 <or revocation>. This subsection does not apply to an appeal under
16-4 Section 31 of this Act for suspension of a driver's license or
16-5 denial of operating privileges under Subsection (b)(1) of this
16-6 section, or Section 2, Chapter 434, Acts of the 61st Legislature,
16-7 Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
16-8 Statutes).
16-9 (2) If an officer probates a suspension of a driver's
16-10 license or privilege under this section or Section 31 of this Act,
16-11 the probationary period must be for a term of not less than ninety
16-12 (90) days or more than two (2) years.
16-13 SECTION 10. Section 23B, Chapter 173, Acts of the 47th
16-14 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
16-15 Civil Statutes), is amended by adding Subsection (c) to read as
16-16 follows:
16-17 (c) The court that enters an order for an essential need
16-18 license, as provided under Section 23A of this Act, may at any time
16-19 during the duration of the order issue an order revoking the
16-20 essential need license for good cause. A certified copy of the
16-21 court order revoking the essential need license shall be forwarded
16-22 to the Department.
16-23 SECTION 11. Section 24, Chapter 173, Acts of the 47th
16-24 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
16-25 Civil Statutes), is amended to read as follows:
16-26 Sec. 24. AUTOMATIC SUSPENSION OF LICENSE. (a) Except as
16-27 provided by Subsection (g) of this Section, the license of any
17-1 person shall be automatically suspended upon final conviction of:
17-2 (1) an offense under Section 19.07, Penal Code,
17-3 committed as a result of the person's criminally negligent
17-4 operation of a motor vehicle;
17-5 (2) an offense under Section 19.05(a)(2), Penal Code;
17-6 (3) an offense under Article 6701l-1, Revised
17-7 Statutes;
17-8 (4) an offense punishable as a felony under the motor
17-9 vehicle laws of this State;
17-10 (5) an offense under Section 38, Uniform Act
17-11 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
17-12 Statutes); or
17-13 (6) an offense under Section 32 or 32A of this Act.
17-14 (a-1) The license of any person who was younger than 21
17-15 years of age at the time of the offense, other than a misdemeanor
17-16 punishable by fine only, shall be automatically suspended on
17-17 conviction of:
17-18 (1) an offense under Article 6701l-1, Revised
17-19 Statutes;
17-20 (2) an offense under the Alcoholic Beverage Code
17-21 involving the manufacture, delivery, possession, transportation, or
17-22 use of an alcoholic beverage;
17-23 (3) an offense under Chapter 481, Health and Safety
17-24 Code (Texas Controlled Substances Act), involving the manufacture,
17-25 delivery, possession, transportation, or use of a controlled
17-26 substance;
17-27 (4) an offense under Chapter 483, Health and Safety
18-1 Code, involving the manufacture, delivery, possession,
18-2 transportation, or use of a dangerous drug;
18-3 (5) an offense under Chapter 484, Health and Safety
18-4 Code, involving the manufacture, delivery, possession,
18-5 transportation, or use of a volatile chemical.
18-6 (b) Except as provided by Subsections (d), (e), (g), (h),
18-7 (i), and (j) of this Section, the suspension above provided shall
18-8 in the first instance be for a period of twelve (12) months. In
18-9 event any license shall be suspended under the provision of this
18-10 Section for a subsequent time, said subsequent suspension shall be
18-11 for a period of eighteen (18) months, except as provided by
18-12 Subsections (d), (e), (g), (h), (i), and (j) of this Section.
18-13 (c) The suspension or disqualification period of any license
18-14 shall be automatically extended upon the person <licensee> being
18-15 convicted of operating a motor vehicle or commercial motor vehicle
18-16 while the license or privilege to operate a motor vehicle of such
18-17 person is suspended, revoked, canceled, denied, or disqualified <or
18-18 under disqualification>; such extended period of suspension or
18-19 disqualification to be for a like period as the original suspension
18-20 or disqualification, and is in addition to any other penalty
18-21 assessed, as provided in this Act or in the Texas Commercial
18-22 Driver's License Act (Article 6687b-2, Revised Statutes).
18-23 (d) Except as provided by Subsections (g), (h), and (j) of
18-24 this Section, if a person is convicted of an offense under Article
18-25 6701l-1, Revised Statutes, the suspension of the person's license
18-26 shall begin on the date of conviction or not more than thirty (30)
18-27 days after the date of conviction, as determined by the court, and
19-1 be for a period determined by the court according to the following
19-2 schedule:
19-3 (1) not less than ninety (90) or more than three
19-4 hundred sixty-five (365) days, if the person is punished under
19-5 Subsection (c) of that article, whether or not the punishment is
19-6 increased under Subsection (f) of that article; or
19-7 (2) not less than one hundred eighty (180) days or
19-8 more than two (2) years, if the person is punished under Subsection
19-9 (d) or (e) of that article, whether or not the punishment is
19-10 increased under Subsection (f) of that article.
19-11 (e) Except as provided by Subsection (j) of this section, if
19-12 a person is convicted of an offense under Section 19.05(a)(2),
19-13 Penal Code, the suspension of the person's license shall be for a
19-14 period determined by the court of not less than one hundred eighty
19-15 (180) days and not <or> more than two (2) years. The suspension
19-16 shall begin on the date of conviction or not more than thirty (30)
19-17 days after the date of conviction, as determined by the court.
19-18 (f) Except as otherwise provided by this subsection, the
19-19 court shall credit toward the period of suspension of a person's
19-20 license required by this article a period of suspension imposed on
19-21 the person for refusal to give a specimen under Chapter 434, Acts
19-22 of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
19-23 Vernon's Texas Civil Statutes), if the refusal followed an arrest
19-24 for the same offense for which the court is suspending the person's
19-25 license under this article. The court may not extend the credit to
19-26 a person that has been previously convicted of an offense under
19-27 Article 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal
20-1 Code, or to a person whose period of suspension is governed by
20-2 Subsection (j) of this section.
20-3 (g)(1) Except as provided by Subdivision (2) of this
20-4 subsection and Subsection (j) of this section, the Department may
20-5 not, during the period of probation, revoke <suspend> the driver's
20-6 license, permit, or resident or nonresident <operating> privilege
20-7 to operate a motor vehicle of a person if the person is required
20-8 under Section 13(h), (j), or (k), Article 42.12, Code of Criminal
20-9 Procedure, to attend and successfully complete an educational
20-10 program designed to rehabilitate persons who have driven while
20-11 intoxicated. The Department also may not revoke <suspend> the
20-12 driver's license, permit, or nonresident operating privilege of a
20-13 person for whom the jury has recommended, under Section 13(g) <4>,
20-14 Article 42.12, Code of Criminal Procedure, no revocation
20-15 <suspension>.
20-16 (2) After the date has passed, according to records of
20-17 the Department, for successful completion of an educational program
20-18 designed to rehabilitate persons who have driven while intoxicated,
20-19 if the records do not indicate successful completion of the
20-20 program, the Director shall revoke <suspend> the person's driver's
20-21 license, permit, or resident or nonresident <operating> privilege
20-22 to operate a motor vehicle or, if the person is a resident without
20-23 a license or permit to operate a motor vehicle in this state, shall
20-24 issue an order prohibiting the person from obtaining a license or
20-25 permit. A revocation <suspension> or prohibition order under this
20-26 subsection is effective until the Department receives notice of the
20-27 successful completion of the educational program <for a period of
21-1 twelve (12) months>.
21-2 (3) The Director shall promptly send notice of a
21-3 revocation <suspension> or prohibition order issued under this
21-4 subsection, by certified mail, return receipt requested, to the
21-5 person at the person's most recent address as listed in records of
21-6 the Department. The notice must include the date of the revocation
21-7 <suspension> or prohibition order and<,> the reason for the
21-8 revocation <suspension> or prohibition<, and the beginning and
21-9 ending dates of the suspension or prohibition>. A revocation
21-10 <suspension> or prohibition under this subsection may not take
21-11 effect before the twenty-eighth (28th) day after the date the
21-12 person receives notice by certified mail or the thirty-first (31st)
21-13 day after the Director sends notice by certified mail, if the
21-14 person has not accepted delivery of the notice. The notice must
21-15 also include a statement that the person has a right to demand in
21-16 writing that a hearing on the revocation <suspension> or
21-17 prohibition be held. If, not later than the twentieth (20th) day
21-18 after the date on which the person receives notice by certified
21-19 mail or the twenty-third (23rd) day after the date the Director
21-20 sent notice by certified mail, if the person has not accepted
21-21 delivery of the notice, the Department receives a written demand
21-22 that a hearing be held, the Department shall make arrangements<,
21-23 not later than the tenth (10th) day after the day of receipt of the
21-24 demand, request a court> to set the hearing for the earliest
21-25 practical time <possible date>. If a person demands a hearing as
21-26 provided by this subsection, the revocation <suspension> or
21-27 prohibition does not take effect until resolution of the hearing.
22-1 (4) A hearing on revocation <suspension> or
22-2 prohibition shall be held in a municipal or justice court in the
22-3 county of the person's residence in the manner provided for a
22-4 hearing on suspension under Section 22(a) of this Act. At a
22-5 hearing, the issues to be determined are whether the person has
22-6 successfully completed an educational program that was imposed
22-7 under Section 13(h), (j), or (k) <6c>, Article 42.12 <42.13>, Code
22-8 of Criminal Procedure, <1965,> and whether the period for
22-9 completion of the program has passed. If the hearing officer
22-10 <court> determines that the educational program imposed has not
22-11 been completed and the period for completion of the program has
22-12 passed, the hearing officer <court> shall confirm the revocation
22-13 <suspension> or prohibition and notify the Department of that fact.
22-14 If the hearing officer <court> finds that the program imposed has
22-15 been completed or that, before the administrative hearing, the
22-16 court that originally imposed the requirement to attend an
22-17 educational program under Section 13(h), (j), or (k), Article
22-18 42.12, Code of Criminal Procedure, has granted an extension of time
22-19 that has not expired, or that the period for completion has not
22-20 passed, the Director shall take no action to revoke or prohibit the
22-21 issuance of any license, permit, or privilege to operate a vehicle.
22-22 If the person or the person's agent fails to appear at the hearing,
22-23 the Department shall revoke the person's license, permit, or
22-24 privilege to operate until the Department receives notice of the
22-25 successful completion of the educational program <the court shall
22-26 direct the Department to promptly rescind the order and reinstate
22-27 in the records of the Department any driver's license, permit, or
23-1 privilege of the person. The court may modify or revoke an order
23-2 of suspension or prohibition if the court determines for good cause
23-3 shown that the person was unable to complete an educational program
23-4 within the period originally specified by the court. The court
23-5 shall condition the modification or revocation of the order on the
23-6 person's completion of the course within a period specified by the
23-7 court not to exceed one (1) year from the beginning date of the
23-8 person's probation>.
23-9 (h) The Department shall suspend the license of a person on
23-10 receiving an order from a juvenile court under Section 54.042,
23-11 Family Code, to suspend that person's license. The period of the
23-12 suspension shall be for the period specified in the order.
23-13 (i) If a person is convicted of an offense under Section 32
23-14 or 32A of this Act, the suspension of the person's license shall be
23-15 for a period determined by the court of not less than ninety (90)
23-16 days or more than three hundred and sixty-five (365) days. If the
23-17 court fails to set a period of suspension, the Department shall
23-18 suspend the license for a period of three hundred and sixty-five
23-19 (365) days.
23-20 (j) The Department shall suspend the license of a person who
23-21 is younger than 21 years of age and is convicted of an offense
23-22 under Section 19.05(a)(2), Penal Code, or Article 6701l-1, Revised
23-23 Statutes, regardless of whether the person is required to attend an
23-24 educational program designed to rehabilitate persons who have
23-25 driven while intoxicated under Section 13(h), Article 42.12, Code
23-26 of Criminal Procedure, for one year. If a person required to
23-27 attend an educational program designed to rehabilitate persons who
24-1 have driven while intoxicated under Section 13(h), Article 42.12,
24-2 Code of Criminal Procedure, does not complete the program before
24-3 the end of the person's suspension, the Department shall continue
24-4 the suspension until the Department receives proof that the person
24-5 has successfully completed the program. A person who completes the
24-6 educational program required under this subsection may submit proof
24-7 of the completion to the clerk of the convicting court who shall
24-8 send it to the Department in the manner provided by Section 13(h),
24-9 Article 42.12, Code of Criminal Procedure.
24-10 (k) A person whose license is suspended under Subsection
24-11 (a-1) of this section is not ineligible to receive an occupational
24-12 license under Section 23A of this Act because of the suspension.
24-13 In addition, suspension under Subsection (a-1) of this section is
24-14 not a suspension for physical or mental disability or impairment
24-15 for purposes of eligibility to apply for an occupational license
24-16 under Section 23A of this Act.
24-17 (l) Except for a conviction for Subsection (a)(5) of this
24-18 section, any person who has had their license or privilege to
24-19 operate a motor vehicle automatically suspended is subject to
24-20 Section 17, Texas Motor Vehicle Safety-Responsibility Act (Article
24-21 6701h, Vernon's Texas Civil Statutes).
24-22 SECTION 12. Section 31, Chapter 173, Acts of the 47th
24-23 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
24-24 Civil Statutes), is amended to read as follows:
24-25 Sec. 31. RIGHT OF APPEAL TO COURTS. (a) Any person whose
24-26 driver's license has been suspended or revoked after an
24-27 administrative hearing under Section 22(a) of this Act, any person
25-1 whose license suspension has been probated under Section 22(e) of
25-2 this Act, and any person denied a license or whose driver's license
25-3 has been cancelled by the Department, except where such
25-4 cancellation, suspension, or revocation is automatic under the
25-5 provisions of this Act or the Texas Commercial Driver's License Act
25-6 (Article 6687b-2, Revised Statutes), shall have the right to file a
25-7 petition within thirty (30) days after the date the order of the
25-8 Department was entered for a hearing in the matter in the County
25-9 Court at Law in the county wherein such person shall reside, or if
25-10 there be no County Court at Law therein, then in the county court
25-11 of said county, and such court is hereby vested with jurisdiction,
25-12 and it shall be its duty to set the matter for hearing upon thirty
25-13 (30) days written notice to the Department, and thereupon to take
25-14 testimony and examine into the facts of the case, and to determine
25-15 whether the petitioner is entitled to a license or is subject to
25-16 suspension, cancellation, denial, or revocation of license under
25-17 the provisions of this Act. A person who appeals under this
25-18 section must send a copy of the person's petition, certified by the
25-19 clerk of the court in which the petition is filed, to the
25-20 Department by certified mail. An order of the Department is
25-21 binding on the person to whom it pertains unless the person appeals
25-22 the order as provided by this section or unless the person
25-23 established that a hearing was timely requested, as provided by
25-24 Section 24(g) of this Act or Section 2(f), Chapter 434, Acts of the
25-25 61st Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's
25-26 Texas Civil Statutes), but was not held. The Department may appeal
25-27 the ruling of the judge or officer presiding at the hearing by
26-1 filing a petition in the manner provided by this section.
26-2 (b) The trial on appeal as herein provided for shall be a
26-3 trial de novo and the licensee shall have the right of trial by
26-4 jury.
26-5 (c) The proper filing of a petition of appeal as provided by
26-6 this section shall abate an order of suspension, probated
26-7 suspension, revocation, or cancellation until the trial herein
26-8 provided for shall have been consummated and final judgment thereon
26-9 is had.
26-10 SECTION 13. Section 32(a), Chapter 173, Acts of the 47th
26-11 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
26-12 Civil Statutes), is amended to read as follows:
26-13 (a) Except as provided in Subsection (b) of this section, it
26-14 is unlawful for any person to commit any of the following acts:
26-15 (1) to display or cause or permit to be displayed or
26-16 to have in possession any driver's license or certificate knowing
26-17 the same to be fictitious or to have been cancelled, revoked,
26-18 suspended, or altered;
26-19 (2) to lend or knowingly permit the use of, by one not
26-20 entitled thereto, any driver's license or certificate issued to the
26-21 person so lending or permitting the use thereof;
26-22 (3) to display or to represent as one's own, any
26-23 driver's license or certificate not issued to the person so
26-24 displaying same;
26-25 (4) to fail or refuse to surrender to the Department
26-26 on demand any driver's license or certificate which has been
26-27 suspended, cancelled, or revoked as provided by law;
27-1 (5) to have in one's possession more than one
27-2 currently valid driver's license or more than one currently valid
27-3 certificate; or
27-4 (6) to use a false or fictitious name or give a false
27-5 or fictitious address or use a fictitious or counterfeit document
27-6 in any application for an original, <a> renewal, or duplicate
27-7 driver's license or certificate, or knowingly to make a false
27-8 statement or knowingly to conceal a material fact or otherwise
27-9 commit a fraud in any such application.
27-10 SECTION 14. Section 33(a), Chapter 173, Acts of the 47th
27-11 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
27-12 Civil Statutes), is amended to read as follows:
27-13 (a) A person commits an offense if the person knowingly
27-14 swears to or affirms falsely before a person authorized to take
27-15 statements under oath any matter, information, or statement
27-16 required by the Department in an <original> application for an
27-17 original, renewal, or duplicate <a> driver's license or certificate
27-18 issued under this Act.
27-19 SECTION 15. Section 34(a), Chapter 173, Acts of the 47th
27-20 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
27-21 Civil Statutes), is amended to read as follows:
27-22 (a) A person commits an offense if the person operates a
27-23 motor vehicle on a highway:
27-24 (1) after the person's driver's license has been
27-25 cancelled under this Act and the person does not have a valid
27-26 license that was subsequently issued under this Act;
27-27 (2) during a period that a suspension or revocation,
28-1 imposed under this Act or Chapter 434, Acts of the 61st
28-2 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
28-3 Civil Statutes), or Article 42.12, Code of Criminal Procedure, of
28-4 the person's driver's license or privilege is in effect; or
28-5 (3) while the person's driver's license is expired, if
28-6 the license expired during a period of suspension imposed under
28-7 this Act or Chapter 434, Acts of the 61st Legislature, Regular
28-8 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), or
28-9 Article 42.12, Code of Criminal Procedure.
28-10 SECTION 16. The following are repealed:
28-11 (1) Section 24A, Chapter 173, Acts of the 47th
28-12 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
28-13 Civil Statutes); and
28-14 (2) Section 30A, Chapter 173, Acts of the 47th
28-15 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
28-16 Civil Statutes).
28-17 SECTION 17. (a) This Act takes effect September 1, 1993.
28-18 (b) The change in law made by this Act applies only to an
28-19 offense committed on or after the effective date of this Act. For
28-20 purposes of this subsection, an offense was committed before the
28-21 effective date of this Act if any element of the offense occurred
28-22 before that date. An offense committed before the effective date
28-23 of the Act is covered by the law in effect when the offense was
28-24 committed, and the former law is continued in effect for that
28-25 purpose.
28-26 SECTION 18. The importance of this legislation and the
28-27 crowded condition of the calendars in both houses create an
29-1 emergency and an imperative public necessity that the
29-2 constitutional rule requiring bills to be read on three several
29-3 days in each house be suspended, and this rule is hereby suspended.