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.