By:  Sibley                                            S.B. No. 930
       73R2429 JD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the civil and criminal consequences of an offense
    1-3  involving the driving or operation of a motor vehicle by a person
    1-4  under the age of 21 while under the influence of alcohol or certain
    1-5  substances or while impaired.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Title 116, Revised Statutes, is amended by adding
    1-8  Article 6701l-9 to read as follows:
    1-9        Art. 6701l-9.  DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
   1-10  OTHER SUBSTANCE BY MINOR.  (a)  In this article:
   1-11              (1)  "Alcohol concentration" has the meaning assigned
   1-12  by Subsection (a), Article 6701l-1, Revised Statutes.
   1-13              (2)  "Controlled substance" has the meaning assigned by
   1-14  Section 481.002, Health and Safety Code.
   1-15              (3)  "Drug" has the meaning assigned by Section
   1-16  481.002, Health and Safety Code.
   1-17              (4)  "Minor" means a person who is at least 18 years of
   1-18  age but younger than 21 years of age.
   1-19              (5)  "Toxic inhalant" means a gaseous substance that is
   1-20  inhaled by a person to produce a desired physical or psychological
   1-21  effect and that may cause personal injury or illness to the
   1-22  inhaler.
   1-23              (6)  "Under the influence of alcohol" means having an
   1-24  alcohol concentration of at least 0.05 but less than 0.10.
    2-1        (b)  A minor commits an offense if the minor drives or
    2-2  operates a motor vehicle on a public highway or on a public beach
    2-3  while the minor is:
    2-4              (1)  under the influence of alcohol; or
    2-5              (2)  under the influence of a controlled substance,
    2-6  drug, or toxic inhalant to the extent that the minor's physical or
    2-7  mental capacity to safely operate a motor vehicle is impaired.
    2-8        (c)  That the minor is or has been entitled to use a
    2-9  controlled substance or drug under the laws of this state is not a
   2-10  defense to a prosecution under Subsection (b) of this article.
   2-11        (d)  An offense under Subsection (b) of this article is a
   2-12  Class A misdemeanor.
   2-13        SECTION 2.  Section 1, Chapter 434, Acts of the 61st
   2-14  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
   2-15  Civil Statutes), is amended to read as follows:
   2-16        Sec. 1.  (a)  Any person who operates a motor vehicle upon
   2-17  the public highways or upon a public beach in this state shall be
   2-18  deemed to have given consent, subject to the provisions of this
   2-19  Act, to submit to the taking of one or more specimens of his breath
   2-20  or blood for the purpose of analysis to determine the alcohol
   2-21  concentration or the presence in his body of a controlled substance
   2-22  or drug if arrested for any offense arising out of acts alleged to
   2-23  have been committed while a person was driving or in actual
   2-24  physical control of a motor vehicle while intoxicated.
   2-25        (b)(1)  A minor who operates a motor vehicle on a highway or
   2-26  on a public beach in this state shall be deemed to have given
   2-27  consent, subject to the provisions of this Act, to submit to the
    3-1  taking of one or more specimens of the minor's breath or blood for
    3-2  the purpose of analysis to determine the alcohol concentration or
    3-3  the presence in the minor's body of a controlled substance, drug,
    3-4  or toxic inhalant if arrested for an offense under Article 6701l-9,
    3-5  Revised Statutes.
    3-6              (2)  In this subsection, the terms "minor" and "toxic
    3-7  inhalant" have the meanings assigned by Article 6701l-9, Revised
    3-8  Statutes.
    3-9        (c)  Any person so arrested may consent to the giving of any
   3-10  other type of specimen to determine his alcohol concentration, but
   3-11  he shall not be deemed, solely on the basis of his operation of a
   3-12  motor vehicle upon the public highways or upon a public beach in
   3-13  this state, to have given consent to give any type of specimen
   3-14  other than a specimen of his breath or blood.
   3-15        (d)  The specimen, or specimens, shall be taken at the
   3-16  request of a peace officer having reasonable grounds to believe the
   3-17  person to have been driving or in actual physical control of a
   3-18  motor vehicle upon the public highways or upon a public beach in
   3-19  this state while intoxicated, or in violation of Article 6701l-9,
   3-20  Revised Statutes.
   3-21        SECTION 3.  Sections 2(e) and (f), Chapter 434, Acts of the
   3-22  61st Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's
   3-23  Texas Civil Statutes), are amended to read as follows:
   3-24        (e)  The director shall approve the form of the report.  The
   3-25  report must show the grounds for the officer's belief that the
   3-26  person had been operating a motor vehicle while intoxicated, or in
   3-27  violation of Article 6701l-9, Revised Statutes.  The report must
    4-1  also show that the person refused to give a specimen, as evidenced
    4-2  by:
    4-3              (1)  a written refusal to give a specimen, signed by
    4-4  the person; or
    4-5              (2)  a statement signed by the officer stating that the
    4-6  person refused to give a specimen and also refused to sign the
    4-7  statement requested by the officer under Subsection (c) of this
    4-8  article.
    4-9        (f)  When the director receives the report, the director
   4-10  shall suspend the person's license, permit, or nonresident
   4-11  operating privilege, or shall issue an order prohibiting the person
   4-12  from obtaining a license or permit, for 90 days effective 28 days
   4-13  after the date the person receives notice by certified mail or 31
   4-14  days after the date the director sends notice by certified mail, if
   4-15  the person has not accepted delivery of the notice.  If, not later
   4-16  than the 20th day after the date on which the person receives
   4-17  notice by certified mail or the 23rd day after the date the
   4-18  director sent notice by certified mail, if the person has not
   4-19  accepted delivery of the notice, the department receives a written
   4-20  demand that a hearing be held, the department shall, not later than
   4-21  the 10th day after the day of receipt of the demand, request a
   4-22  court to set the hearing for the earliest possible date.  The
   4-23  hearing shall be set in the same manner as a hearing under Section
   4-24  22(a), Chapter 173, Acts of the 47th Legislature, Regular Session,
   4-25  1941, as amended (Article 6687b, Vernon's Texas Civil Statutes).
   4-26  If, upon such hearing the court finds (1) that probable cause
   4-27  existed that such person was driving or in actual physical control
    5-1  of a motor vehicle on the highway or upon a public beach while
    5-2  intoxicated, or in violation of Article 6701l-9, Revised Statutes,
    5-3  (2) that the person was placed under arrest by the officer and was
    5-4  offered an opportunity to give a specimen under the provisions of
    5-5  this Act, and (3) that such person refused to give a specimen upon
    5-6  request of the officer, then the Director of the Texas Department
    5-7  of Public Safety shall suspend the person's license or permit to
    5-8  drive, or any nonresident operating privilege for a period of 90
    5-9  days, as ordered by the court.  If the person is a resident without
   5-10  a license or permit to operate a motor vehicle in this State, the
   5-11  Texas Department of Public Safety shall deny to the person the
   5-12  issuance of a license or permit for 90 days.
   5-13        SECTION 4.  Sections 3(a) and (i), Chapter 434, Acts of the
   5-14  61st Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's
   5-15  Texas Civil Statutes), are amended to read as follows:
   5-16        (a)  Upon the trial of any criminal action or proceeding
   5-17  arising out of an offense under Subdivision (2), Subsection (a),
   5-18  Section 19.05, Penal Code, or an offense under Article 6701l-1 or
   5-19  Article 6701l-9, Revised Statutes, evidence of the alcohol
   5-20  concentration or presence of a controlled substance or drug as
   5-21  shown by analysis of a specimen of the person's blood, breath,
   5-22  urine, or any other bodily substances taken at the request or order
   5-23  of a peace officer, shall be admissible.
   5-24        (i)  A peace officer shall require a person to give a
   5-25  specimen under Section 2 of this Act if:
   5-26              (1)  the officer arrests the person for an offense
   5-27  under Subdivision (2), Subsection (a), Section 19.05, Penal Code,
    6-1  or an offense under Article 6701l-1 or Article 6701l-9, Revised
    6-2  Statutes, as amended;
    6-3              (2)  the person was the operator of a motor vehicle
    6-4  involved in an accident that the officer reasonably believes
    6-5  occurred as a result of the offense;
    6-6              (3)  at the time of the arrest the officer reasonably
    6-7  believes that a person has died or will die as a direct result of
    6-8  the accident; and
    6-9              (4)  the person refuses the officer's request to
   6-10  voluntarily give a specimen.
   6-11        SECTION 5.  Section 24(a), Chapter 173, Acts of the 47th
   6-12  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   6-13  Civil Statutes), is amended to read as follows:
   6-14        (a)  Except as provided by Subsection (g) of this Section,
   6-15  the license of any person shall be automatically suspended upon
   6-16  final conviction of:
   6-17              (1)  an offense under Section 19.07, Penal Code,
   6-18  committed as a result of the person's criminally negligent
   6-19  operation of a motor vehicle;
   6-20              (2)  an offense under Section 19.05(a)(2), Penal Code;
   6-21              (3)  an offense under Article 6701l-1 or 6701l-9,
   6-22  Revised Statutes;
   6-23              (4)  an offense punishable as a felony under the motor
   6-24  vehicle laws of this State;
   6-25              (5)  an offense under Section 38, Uniform Act
   6-26  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   6-27  Statutes); or
    7-1              (6)  an offense under Section 32 or 32A of this Act.
    7-2        SECTION 6.  This Act takes effect September 1, 1993.
    7-3        SECTION 7.  The importance of this legislation and the
    7-4  crowded condition of the calendars in both houses create an
    7-5  emergency   and   an   imperative   public   necessity   that   the
    7-6  constitutional rule requiring bills to be read on three several
    7-7  days in each house be suspended, and this rule is hereby suspended.