By Brimer, Driver, Raymond H.B. No. 221
74R1538 JD-D
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 operation of a motor vehicle by a person under the
1-4 age of 21 while under the influence of alcohol.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 49.01(2), Penal Code, is amended to read
1-7 as follows:
1-8 (2) "Intoxicated" means:
1-9 (A) not having the normal use of mental or
1-10 physical faculties by reason of the introduction of alcohol, a
1-11 controlled substance, a drug, a dangerous drug, a combination of
1-12 two or more of those substances, or any other substance into the
1-13 body; or
1-14 (B) having an alcohol concentration of:
1-15 (i) 0.10 or more, if the actor is at least
1-16 21 years of age; or
1-17 (ii) more than 0.00, if the actor is
1-18 younger than 21 years of age.
1-19 SECTION 2. Section 24(j), Chapter 173, Acts of the 47th
1-20 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-21 Civil Statutes), is amended to read as follows:
1-22 (j) The Department shall suspend the license of a person who
1-23 is younger than 21 years of age and is convicted of an offense
1-24 under Section 49.04 <19.05(a)(2)>, Penal Code, or Section 49.07 or
2-1 49.08 of that code if the offense involved the operation of a motor
2-2 vehicle <Article 6701l-1, Revised Statutes>, regardless of whether
2-3 the person is required to attend an educational program designed to
2-4 rehabilitate persons who have driven while intoxicated under
2-5 Section 13(h), Article 42.12, Code of Criminal Procedure, for a
2-6 period that continues until the person attains the age of 21 years.
2-7 If during the period of suspension and before the person attains
2-8 the age of 21 the person's driver's license expires, the Department
2-9 is prohibited from renewing that driver's license or issuing the
2-10 person a new driver's license until the person attains the age of
2-11 21, or if the person did not hold a valid driver's license on the
2-12 date of the conviction, the Department is prohibited from issuing a
2-13 driver's license to the person until the person attains the age of
2-14 21 <one year>. If a person required to attend an educational
2-15 program designed to rehabilitate persons who have driven while
2-16 intoxicated under Section 13(h), Article 42.12, Code of Criminal
2-17 Procedure, does not complete the program before the end of the
2-18 person's suspension, the Department shall continue the suspension
2-19 until the Department receives proof that the person has
2-20 successfully completed the program. A person who completes the
2-21 educational program required under this subsection may submit proof
2-22 of the completion to the clerk of the convicting court who shall
2-23 send it to the Department in the manner provided by Section 13(h),
2-24 Article 42.12, Code of Criminal Procedure.
2-25 SECTION 3. (a) The changes in law made by this Act apply
2-26 only to an offense committed on or after the effective date of this
2-27 Act. For purposes of this section, an offense was committed before
3-1 the effective date of this Act if any element of the offense
3-2 occurred before the effective date.
3-3 (b) An offense committed before the effective date of this
3-4 Act is covered by the law in effect when the offense was committed,
3-5 and the former law is continued in effect for that purpose.
3-6 SECTION 4. This Act takes effect September 1, 1995.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.