By Gallego                                             H.B. No. 851
       74R3567 JD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the consequences of certain criminal offenses arising
    1-3  out of the operation of a motor vehicle by a person without a
    1-4  driver's license.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 1.07(a), Penal Code, is amended by adding
    1-7  Subdivision (49) to read as follows:
    1-8              (49)  "Driver's license" has the meaning assigned that
    1-9  term by Section 1, Chapter 173, Acts of the 47th Legislature,
   1-10  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
   1-11  Statutes).
   1-12        SECTION 2.  Section 3.03, Penal Code, is amended to read as
   1-13  follows:
   1-14        Sec. 3.03.  Sentences for Offenses Arising Out of Same
   1-15  Criminal Episode.  When the accused is found guilty of more than
   1-16  one offense arising out of the same criminal episode prosecuted in
   1-17  a single criminal action, sentence for each offense for which he
   1-18  has been found guilty shall be pronounced.  Except as provided by
   1-19  Section 3.05, the <Such> sentences shall run concurrently.
   1-20        SECTION 3.  Section 3.04(b), Penal Code, is amended to read
   1-21  as follows:
   1-22        (b)  In the event of severance under this section, the
   1-23  provisions of Section 3.03 do not apply, and, except as provided by
   1-24  Section 3.05, the court in its discretion may order the sentences
    2-1  to run either concurrently or consecutively.
    2-2        SECTION 4.  Chapter 3, Penal Code, is amended by adding
    2-3  Section 3.05 to read as follows:
    2-4        Sec. 3.05.  CERTAIN MULTIPLE OFFENSES.  The sentences for the
    2-5  offenses run consecutively if:
    2-6              (1)  the defendant is convicted of more than one
    2-7  offense under Section 19.04 (manslaughter), 19.05 (criminally
    2-8  negligent homicide), 22.01 (assault), 22.02 (aggravated assault),
    2-9  28.03 (criminal mischief), 28.04 (reckless damage or destruction),
   2-10  49.07 (intoxication assault), or 49.08 (intoxication manslaughter);
   2-11              (2)  the offenses arise out of the defendant's
   2-12  operation of a motor vehicle; and
   2-13              (3)  at the time the defendant commits the offenses:
   2-14                    (A)  the defendant has not been issued a driver's
   2-15  license; or
   2-16                    (B)  the defendant's driver's license is under
   2-17  suspension, has been revoked, or expired while that license was
   2-18  under suspension.
   2-19        SECTION 5.  Section 19.04, Penal Code, is amended by amending
   2-20  Subsection (b) and adding Subsection (c) to read as follows:
   2-21        (b)  Except as provided by Subsection (c), an <An> offense
   2-22  under this section is a felony of the second degree.
   2-23        (c)  An offense under this section is a felony of the first
   2-24  degree if:
   2-25              (1)  the offense arises out of the actor's operation of
   2-26  a motor vehicle; and
   2-27              (2)  at the time the actor commits the offense:
    3-1                    (A)  the actor has not been issued a driver's
    3-2  license; or
    3-3                    (B)  the actor's driver's license is under
    3-4  suspension, has been revoked, or expired while that license was
    3-5  under suspension.
    3-6        SECTION 6.  Section 19.05, Penal Code, is amended by amending
    3-7  Subsection (b) and adding Subsection (c) to read as follows:
    3-8        (b)  Except as provided by Subsection (c), an <An> offense
    3-9  under this section is a state jail felony.
   3-10        (c)  An offense under this section is a felony of the third
   3-11  degree if:
   3-12              (1)  the offense arises out of the actor's operation of
   3-13  a motor vehicle; and
   3-14              (2)  at the time the actor commits the offense:
   3-15                    (A)  the actor has not been issued a driver's
   3-16  license; or
   3-17                    (B)  the actor's driver's license is under
   3-18  suspension, has been revoked, or expired while that license was
   3-19  under suspension.
   3-20        SECTION 7.  Section 22.01, Penal Code, is amended by amending
   3-21  Subsection (b) and adding Subsection (d) to read as follows:
   3-22        (b)  Except as provided by Subsection (d), an <An> offense
   3-23  under Subsection (a)(1) is a Class A misdemeanor.
   3-24        (d)  An offense under Subsection (a)(1) is a state jail
   3-25  felony if:
   3-26              (1)  the offense arises out of the actor's operation of
   3-27  a motor vehicle; and
    4-1              (2)  at the time the actor commits the offense:
    4-2                    (A)  the actor has not been issued a driver's
    4-3  license; or
    4-4                    (B)  the actor's driver's license is under
    4-5  suspension, has been revoked, or expired while that license was
    4-6  under suspension.
    4-7        SECTION 8.  Sections 22.02(a) and (b), Penal Code, are
    4-8  amended to read as follows:
    4-9        (a)  A person commits an offense if the person commits
   4-10  assault as defined in Section 22.01 and the person:
   4-11              (1)  causes serious bodily injury to another, including
   4-12  the person's spouse; <or>
   4-13              (2)  causes serious mental deficiency, impairment, or
   4-14  injury to another, including the person's spouse; or
   4-15              (3)  uses or exhibits a deadly weapon during the
   4-16  commission of the assault.
   4-17        (b)  An offense under this section is a felony of the second
   4-18  degree, except that the offense is a felony of the first degree if
   4-19  the offense:
   4-20              (1)  is committed:
   4-21                    (A) <(1)>  by a public servant acting under color
   4-22  of the servant's office or employment;
   4-23                    (B) <(2)>  against a person the actor knows is a
   4-24  public servant while the public servant is lawfully discharging an
   4-25  official duty, or in retaliation or on account of an exercise of
   4-26  official power or performance of an official duty as a public
   4-27  servant; or
    5-1                    (C) <(3)>  in retaliation against or on account
    5-2  of the service of another as a witness, prospective witness,
    5-3  informant, or person who has reported the occurrence of a crime; or
    5-4              (2)  arises out of the actor's operation of a motor
    5-5  vehicle and at the time the actor commits the offense:
    5-6                    (A)  the actor has not been issued a driver's
    5-7  license; or
    5-8                    (B)  the actor's driver's license is under
    5-9  suspension, has been revoked, or expired while that license was
   5-10  under suspension.
   5-11        SECTION 9.  Section 28.03, Penal Code, is amended by amending
   5-12  Subsection (b) and adding Subsection (g) to read as follows:
   5-13        (b)  Except as provided by Subsections <Subsection> (f) and
   5-14  (g), an offense under this section is:
   5-15              (1)  a Class C misdemeanor if:
   5-16                    (A)  the amount of pecuniary loss is less than
   5-17  $20; or
   5-18                    (B)  except as provided in Subdivision (3)(B), it
   5-19  causes substantial inconvenience to others;
   5-20              (2)  a Class B misdemeanor if the amount of pecuniary
   5-21  loss is $20 or more but less than $500;
   5-22              (3)  a Class A misdemeanor if the amount of pecuniary
   5-23  loss is:
   5-24                    (A)  $500 or more but less than $1,500; or
   5-25                    (B)  less than $1,500 and the actor causes in
   5-26  whole or in part impairment or interruption of public
   5-27  communications, public transportation, public water, gas, or power
    6-1  supply, or other public service, or causes to be diverted in whole,
    6-2  in part, or in any manner, including installation or removal of any
    6-3  device for any such purpose, any public communications, public
    6-4  water, gas, or power supply;
    6-5              (4)  a state jail felony if the amount of pecuniary
    6-6  loss is $1,500 or more but less than $20,000;
    6-7              (5)  a felony of the third degree if the amount of the
    6-8  pecuniary loss is $20,000 or more but less than $100,000;
    6-9              (6)  a felony of the second degree if the amount of
   6-10  pecuniary loss is $100,000 or more but less than $200,000; or
   6-11              (7)  a felony of the first degree if the amount of
   6-12  pecuniary loss is $200,000 or more.
   6-13        (g)  An offense described for purposes of punishment by
   6-14  Subsections (b)(1)-(6) is increased to the next higher category of
   6-15  offense if it is shown on the trial of the offense that:
   6-16              (1)  the offense arises out of the actor's operation of
   6-17  a motor vehicle; and
   6-18              (2)  at the time the actor commits the offense:
   6-19                    (A)  the actor has not been issued a driver's
   6-20  license; or
   6-21                    (B)  the actor's driver's license is under
   6-22  suspension, has been revoked, or expired while that license was
   6-23  under suspension.
   6-24        SECTION 10.  Section 28.04, Penal Code, is amended by
   6-25  amending Subsection (b) and adding Subsection (c) to read as
   6-26  follows:
   6-27        (b)  Except as provided by Subsection (c), an <An> offense
    7-1  under this section is a Class C misdemeanor.
    7-2        (c)  An offense under this section is a Class B misdemeanor
    7-3  if:
    7-4              (1)  the offense arises out of the actor's operation of
    7-5  a motor vehicle; and
    7-6              (2)  at the time the actor commits the offense:
    7-7                    (A)  the actor has not been issued a driver's
    7-8  license; or
    7-9                    (B)  the actor's driver's license is under
   7-10  suspension, has been revoked, or expired while that license was
   7-11  under suspension.
   7-12        SECTION 11.  Section 49.04, Penal Code, is amended by
   7-13  amending Subsections (b) and (c) and adding Subsection (d) to read
   7-14  as follows:
   7-15        (b)  Except as provided by Subsection (c), Subsection (d),
   7-16  and Section 49.09, an offense under this section is a Class B
   7-17  misdemeanor, with a minimum term of confinement of 72 hours.
   7-18        (c)  Except as provided by Subsection (d), if <If> it is
   7-19  shown on the trial of an offense under this section that at the
   7-20  time of the offense the person driving or operating the motor
   7-21  vehicle had an open container of alcohol in the person's immediate
   7-22  possession, the offense is a Class B misdemeanor, with a minimum
   7-23  term of confinement of six days.
   7-24        (d)  An offense described for purposes of punishment by
   7-25  Subsection (b) or (c) is increased to the next higher category of
   7-26  offense if it is shown on the trial of the offense that at the time
   7-27  the actor commits the offense:
    8-1              (1)  the actor has not been issued a driver's license;
    8-2  or
    8-3              (2)  the actor's driver's license is under suspension,
    8-4  has been revoked, or expired while that license was under
    8-5  suspension.
    8-6        SECTION 12.  Section 49.07, Penal Code, is amended by
    8-7  amending Subsection (c) and adding Subsection (d) to read as
    8-8  follows:
    8-9        (c)  Except as provided by Subsection (d), an <An> offense
   8-10  under this section is a felony of the third degree.
   8-11        (d)  An offense under this section is a felony of the second
   8-12  degree if:
   8-13              (1)  the offense arises out of the actor's operation of
   8-14  a motor vehicle; and
   8-15              (2)  at the time the actor commits the offense:
   8-16                    (A)  the actor has not been issued a driver's
   8-17  license; or
   8-18                    (B)  the actor's driver's license is under
   8-19  suspension, has been revoked, or expired while that license was
   8-20  under suspension.
   8-21        SECTION 13.  Section 49.08, Penal Code, is amended by
   8-22  amending Subsection (b) and adding Subsection (c) to read as
   8-23  follows:
   8-24        (b)  Except as provided by Subsection (c), an <An> offense
   8-25  under this section is a felony of the second degree.
   8-26        (c)  An offense under this section is a felony of the first
   8-27  degree if:
    9-1              (1)  the offense arises out of the actor's operation of
    9-2  a motor vehicle; and
    9-3              (2)  at the time the actor commits the offense:
    9-4                    (A)  the actor has not been issued a driver's
    9-5  license; or
    9-6                    (B)  the actor's driver's license is under
    9-7  suspension, has been revoked, or expired while that license was
    9-8  under suspension.
    9-9        SECTION 14.  Article 42.08, Code of Criminal Procedure, is
   9-10  amended by amending Subsection (a) and by adding Subsection (d) to
   9-11  read as follows:
   9-12        (a)  When the same defendant has been convicted in two or
   9-13  more cases, judgment and sentence shall be pronounced in each case
   9-14  in the same manner as if there had been but one conviction.  Except
   9-15  as provided by Sections (b), (c), and (d) <and (c)> of this
   9-16  article, in the discretion of the court, the judgment in the second
   9-17  and subsequent convictions may either be that the sentence imposed
   9-18  or suspended shall begin when the judgment and the sentence imposed
   9-19  or suspended in the preceding conviction has ceased to operate, or
   9-20  that the sentence imposed or suspended shall run concurrently with
   9-21  the other case or cases, and sentence and execution shall be
   9-22  accordingly; provided, however, that the cumulative total of
   9-23  suspended sentences in felony cases shall not exceed 10 years, and
   9-24  the cumulative total of suspended sentences in misdemeanor cases
   9-25  shall not exceed the maximum period of confinement in jail
   9-26  applicable to the misdemeanor offenses, though in no event more
   9-27  than three years, including extensions of periods of community
   10-1  supervision under Section 22, Article 42.12, of this code, if none
   10-2  of the offenses are offenses under Chapter 49, Penal Code, or four
   10-3  years, including extensions, if any of the offenses are offenses
   10-4  under Chapter 49, Penal Code.
   10-5        (d)  The court may not order the sentences imposed or
   10-6  suspended to run concurrently if:
   10-7              (1)  the defendant is convicted of more than one
   10-8  offense under Section 19.04 (manslaughter), 19.05 (criminally
   10-9  negligent homicide), 22.01 (assault), 22.02 (aggravated assault),
  10-10  28.03 (criminal mischief), 28.04 (reckless damage or destruction),
  10-11  49.07 (intoxication assault), or 49.08 (intoxication manslaughter);
  10-12              (2)  the offenses arise out of the defendant's
  10-13  operation of a motor vehicle; and
  10-14              (3)  at the time the defendant commits the offenses:
  10-15                    (A)  the defendant has not been issued a driver's
  10-16  license; or
  10-17                    (B)  the defendant's driver's license is under
  10-18  suspension, has been revoked, or expired while that license was
  10-19  under suspension.
  10-20        SECTION 15.  (a)  The changes in law made by Sections 2-4 and
  10-21  14 of this Act apply only to a defendant sentenced for an offense
  10-22  committed on or after the effective date of this Act.  For purposes
  10-23  of this subsection, an offense was committed before the effective
  10-24  date of this Act if any element of the offense occurred before the
  10-25  effective date of this Act.  A defendant sentenced for an offense
  10-26  committed before the effective date of this Act is covered by the
  10-27  law in effect when the offense was committed, and the former law is
   11-1  continued in effect for that purpose.
   11-2        (b)  The changes in law made by Sections 5-13 of this Act
   11-3  apply only to an offense committed on or after the effective date
   11-4  of this Act.  An offense committed before the effective date of
   11-5  this Act is covered by the law in effect when the offense was
   11-6  committed, and the former law is continued in effect for that
   11-7  purpose.  For purposes of this subsection, an offense was committed
   11-8  before the effective date of this Act if any element of the offense
   11-9  occurred before the effective date of this Act.
  11-10        SECTION 16.  This Act takes effect September 1, 1995.
  11-11        SECTION 17.  The importance of this legislation and the
  11-12  crowded condition of the calendars in both houses create an
  11-13  emergency and an imperative public necessity that the
  11-14  constitutional rule requiring bills to be read on three several
  11-15  days in each house be suspended, and this rule is hereby suspended.