By Alexander                                          H.B. No. 1827
       74R2232 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the civil and criminal consequences of operating a
    1-3  motor vehicle while intoxicated.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 49.04, Penal Code, is amended to read as
    1-6  follows:
    1-7        Sec. 49.04.  Driving While Intoxicated.  (a)  A person
    1-8  commits an offense if the person is intoxicated while <driving or>
    1-9  operating a motor vehicle in a public place.
   1-10        (b)  Except as provided by Subsection (c) and Section 49.09,
   1-11  an offense under this section is a Class A <B> misdemeanor, except
   1-12  that the court shall impose <with> a minimum term of confinement
   1-13  that is not less than six days <of 72 hours>.
   1-14        (c)  If it is shown on the trial of an offense under this
   1-15  section that at the time of the offense the person <driving or>
   1-16  operating the motor vehicle had an open container of alcohol in the
   1-17  person's immediate possession, the offense is a Class A <B>
   1-18  misdemeanor, except that the court shall impose <with> a minimum
   1-19  term of confinement that is not less than 12 <of six> days.
   1-20        SECTION 2.  Section 49.09, Penal Code, is amended to read as
   1-21  follows:
   1-22        Sec. 49.09.  Enhanced Offenses and Penalties.  (a)  If it is
   1-23  shown on the trial of an offense under Section 49.04<, 49.05, or
   1-24  49.06> that the person has previously been convicted one time of an
    2-1  offense relating to the <driving or> operating of a motor vehicle
    2-2  while intoxicated, an offense of operating an aircraft while
    2-3  intoxicated, or an offense of operating a watercraft while
    2-4  intoxicated, the offense is a state jail felony <Class A
    2-5  misdemeanor, with a minimum term of confinement of 15 days>.
    2-6        (b)  If it is shown on the trial of an offense under Section
    2-7  49.05 or 49.06 that the person has previously been convicted one
    2-8  time of an offense relating to the operating of a motor vehicle
    2-9  while intoxicated, an offense of operating an aircraft while
   2-10  intoxicated, or an offense of operating a watercraft while
   2-11  intoxicated, the offense is a Class A misdemeanor, except that the
   2-12  court shall impose a minimum term of confinement that is not less
   2-13  than 15 days.
   2-14        (c) <(b)>  If it is shown on the trial of an offense under
   2-15  Section 49.04<, 49.05, or 49.06> that the person has previously
   2-16  been convicted two times of an offense relating to the <driving or>
   2-17  operating of a motor vehicle while intoxicated, an offense of
   2-18  operating an aircraft while intoxicated, or an offense of operating
   2-19  a watercraft while intoxicated, the offense is a felony of the
   2-20  third degree, except that the court shall impose a minimum term of
   2-21  imprisonment that is not less than 90 days.
   2-22        (d)  If it is shown on the trial of an offense under Section
   2-23  49.05 or 49.06 that the person has previously been convicted two
   2-24  times of an offense relating to the operating of a motor vehicle
   2-25  while intoxicated, an offense of operating an aircraft while
   2-26  intoxicated, or an offense of operating a watercraft while
   2-27  intoxicated, the offense is a felony of the third degree.
    3-1        (e) <(c)>  For the purposes of this section:
    3-2              (1)  "Offense relating to the <driving or> operating of
    3-3  a motor vehicle while intoxicated" means:
    3-4                    (A)  an offense under Section 49.04;
    3-5                    (B)  an offense under Article 6701l-1, Revised
    3-6  Statutes, as that law existed before September 1, 1994;
    3-7                    (C)  an offense under Article 6701l-2, Revised
    3-8  Statutes, as that law existed before January 1, 1984; or
    3-9                    (D)  an offense under the laws of another state
   3-10  that prohibit the operation of a motor vehicle while intoxicated.
   3-11              (2)  "Offense of operating an aircraft while
   3-12  intoxicated" means:
   3-13                    (A)  an offense under Section 49.05;
   3-14                    (B)  an offense under Section 1, Chapter 46, Acts
   3-15  of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
   3-16  Vernon's Texas Civil Statutes), as that law existed before
   3-17  September 1, 1994; or
   3-18                    (C)  an offense under the laws of another state
   3-19  that prohibit the operation of an aircraft while intoxicated.
   3-20              (3)  "Offense of operating a watercraft while
   3-21  intoxicated" means:
   3-22                    (A)  an offense under Section 49.06;
   3-23                    (B)  an offense under Section 31.097, Parks and
   3-24  Wildlife Code, as that law existed before September 1, 1994; or
   3-25                    (C)  an offense under the laws of another state
   3-26  that prohibit the operation of a watercraft while intoxicated.
   3-27        (f) <(d)>  For the purposes of this section, a conviction for
    4-1  an offense under Section 49.04, 49.05, or 49.06 that occurs on or
    4-2  after September 1, 1994, is a final conviction, whether the
    4-3  sentence for the conviction is imposed or probated.
    4-4        (g) <(e)>  A conviction may not be used for purposes of
    4-5  enhancement under this section if:
    4-6              (1)  the conviction was a final conviction under
    4-7  Subsection (f) <(e)> and was for an offense committed more than 10
    4-8  years before the offense for which the person is being tried was
    4-9  committed; and
   4-10              (2)  the person has not been convicted of an offense
   4-11  under Section 49.04, 49.05, or 49.06 or any offense related to
   4-12  <driving or> operating a motor vehicle while intoxicated committed
   4-13  within 10 years before the date on which the offense for which the
   4-14  person is being tried was committed.
   4-15        SECTION 3.  Chapter 42, Code of Criminal Procedure, is
   4-16  amended by adding Articles 42.015, 42.0321, 42.038, and 42.039 to
   4-17  read as follows:
   4-18        Art. 42.015.  FINDING THAT OFFENSE ORIGINALLY CHARGED
   4-19  INVOLVED OPERATION OF MOTOR VEHICLE IN VIOLATION OF CHAPTER 49,
   4-20  PENAL CODE.  (a)  In the trial of an offense, if the court
   4-21  determines that the defendant was initially charged with an
   4-22  "offense involving the operation of a motor vehicle," as that term
   4-23  is defined by Section 49.09, Penal Code, in violation of Chapter
   4-24  49, Penal Code, and the charge was reduced under the terms of a
   4-25  plea bargain, the court shall make an affirmative finding of that
   4-26  fact and include the affirmative finding in the judgment of the
   4-27  case.
    5-1        (b)  If the defendant is convicted of a subsequent offense
    5-2  involving the operation of a motor vehicle, in pronouncing sentence
    5-3  on the defendant for the subsequent offense, the court shall
    5-4  consider the affirmative finding of the court under Subsection (a)
    5-5  of this article.
    5-6        Art. 42.0321.  GOOD CONDUCT FOR CERTAIN DEFENDANTS.  A
    5-7  defendant sentenced to confinement for an offense under Section
    5-8  49.04, Penal Code, or an offense under Section 49.07 or 49.08 of
    5-9  that code that involves the operation of a motor vehicle may not
   5-10  begin to accrue commutation under Article 42.032 of this code until
   5-11  the defendant successfully completes an educational program jointly
   5-12  approved by the Texas Commission on Alcohol and Drug Abuse, the
   5-13  Department of Public Safety, and the Traffic Safety Section of the
   5-14  Texas Department of Transportation that is designed to rehabilitate
   5-15  persons who have operated a motor vehicle while intoxicated.
   5-16        Art. 42.038.  IMPOUNDMENT OF MOTOR VEHICLE.  (a)  In addition
   5-17  to the penalty otherwise provided by law, if it is shown on the
   5-18  trial of an offense under Section 49.04, Penal Code, or an offense
   5-19  under Section 49.07 or 49.08 of that code involving the operation
   5-20  of a motor vehicle, that the person has previously been convicted
   5-21  one time of an "offense relating to the operating of a motor
   5-22  vehicle while intoxicated," as that term is defined by Section
   5-23  49.09, Penal Code, the court shall impound the motor vehicle being
   5-24  operated by the defendant at the time of the offense, if the
   5-25  defendant was an owner of the vehicle at the time of the offense
   5-26  and is an owner of the vehicle on the date of conviction.
   5-27        (b)  The duration of an impoundment under this article is 270
    6-1  days.
    6-2        (c)  The court shall impose the cost of an impoundment under
    6-3  this article against the defendant.
    6-4        (d)  The court shall notify the Texas Department of
    6-5  Transportation, on a form designed and provided by the department,
    6-6  that the defendant's vehicle has been impounded under this article.
    6-7        (e)  An owner may not sell or transfer title to a motor
    6-8  vehicle while the vehicle is impounded under this article, except
    6-9  on application to the court that impounded the vehicle.  If the
   6-10  court is satisfied that the proposed sale or transfer would be in
   6-11  good faith for valid consideration and would not be to circumvent
   6-12  this article, and that the defendant will be deprived of custody or
   6-13  control of the vehicle, the court shall approve the transfer and
   6-14  authorize the release of the vehicle.
   6-15        (f)  If, after impoundment of a vehicle under this article,
   6-16  title to the vehicle is transferred by foreclosure, sale on
   6-17  execution, cancellation of a conditional sales contract, or
   6-18  judicial order, the court shall authorize the release of the
   6-19  vehicle and deliver the impounded vehicle to the new owner or
   6-20  transferee.
   6-21        Art. 42.039.  FORFEITURE OF MOTOR VEHICLE.  (a)  In addition
   6-22  to the penalty otherwise provided by law, if it is shown on the
   6-23  trial of an offense under Section 49.04, Penal Code, or an offense
   6-24  under Section 49.07 or 49.08 of that code involving the operation
   6-25  of a motor vehicle, that the person has previously been convicted
   6-26  two times of an "offense relating to the operating of a motor
   6-27  vehicle while intoxicated," as that term is defined by Section
    7-1  49.09, Penal Code, the court shall order the motor vehicle being
    7-2  operated by the defendant at the time of the offense forfeited to
    7-3  the state and county, if the defendant was an owner of the vehicle
    7-4  at the time of the offense and is an owner of the vehicle on the
    7-5  date of conviction.
    7-6        (b)  A motor vehicle that has been forfeited under this
    7-7  article shall be sold at a public auction under the direction of
    7-8  the sheriff after notice of public auction as provided by law for
    7-9  other sheriff's sales.  The proceeds of the sale shall be delivered
   7-10  to the county clerk and shall be disposed of as follows:
   7-11              (1)  to any person, including a bona fide lienholder,
   7-12  secured party, or other party holding an interest in the vehicle in
   7-13  the nature of a security interest, to the extent of that person's
   7-14  interest;
   7-15              (2)  one half of the balance, if any, to be deposited
   7-16  in the county treasury; and
   7-17              (3)  one half of the balance, if any, to be sent to the
   7-18  comptroller for deposit to the credit of the general revenue fund.
   7-19        (c)  The Texas Department of Transportation shall issue a
   7-20  certificate of title to any person who purchases a motor vehicle
   7-21  under this article.
   7-22        SECTION 4.  Section 15, Article 42.12, Code of Criminal
   7-23  Procedure, is amended by adding Subsection (d-1) to read as
   7-24  follows:
   7-25        (d-1)  The judge placing on community supervision a defendant
   7-26  convicted of an offense under Section 49.04, Penal Code, and
   7-27  punished under Section 49.09(a) of that code, shall impose as a
    8-1  condition of supervision that the defendant submit at the beginning
    8-2  of the period of supervision to a period of confinement in a state
    8-3  jail felony facility for a term of not less than 30 days, or if at
    8-4  the time of the offense the defendant had an open container of
    8-5  alcohol in the defendant's immediate possession, a term of not less
    8-6  than 60 days.
    8-7        SECTION 5.  Chapter 498, Government Code, is amended by
    8-8  adding Section 498.0031 to read as follows:
    8-9        Sec. 498.0031.  ACCRUAL OF GOOD CONDUCT TIME BY CERTAIN
   8-10  INMATES.  An inmate imprisoned for an offense under Section 49.04,
   8-11  Penal Code, or an offense under Section 49.07 or 49.08 of that code
   8-12  that involves the operation of a motor vehicle may not begin to
   8-13  accrue good conduct time under Section 498.003 until the inmate
   8-14  successfully completes an educational program jointly approved by
   8-15  the Texas Commission on Alcohol and Drug Abuse, the Department of
   8-16  Public Safety, the Traffic Safety Section of the Texas Department
   8-17  of Transportation, and the institutional division that is designed
   8-18  to rehabilitate persons who have operated a motor vehicle while
   8-19  intoxicated.
   8-20        SECTION 6.  Section 24, Chapter 173, Acts of the 47th
   8-21  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   8-22  Civil Statutes), is amended by amending Subsections (a) and (d) and
   8-23  adding Subsection (a-2) to read as follows:
   8-24        (a)  Except as provided by Subsection (g) of this Section,
   8-25  the license of any person shall be automatically suspended upon
   8-26  final conviction of:
   8-27              (1)  an offense under Section 19.05 <19.07>, Penal
    9-1  Code, committed as a result of the person's criminally negligent
    9-2  operation of a motor vehicle;
    9-3              (2)  an offense under Section 49.04 <19.05(a)(2)>,
    9-4  Penal Code;
    9-5              (3)  an offense under Section 49.07 or 49.08, Penal
    9-6  Code, if the offense involved the operation of a motor vehicle
    9-7  <Article 6701l-1, Revised Statutes, committed as a result of the
    9-8  introduction of alcohol into the body>;
    9-9              (4)  an offense punishable as a felony under the motor
   9-10  vehicle laws of this State;
   9-11              (5)  an offense under Section 38, Uniform Act
   9-12  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   9-13  Statutes); or
   9-14              (6)  an offense under Section 32 or 32A of this Act.
   9-15        (a-2)  The license of a person shall be automatically revoked
   9-16  on final conviction of an offense under Section 49.04, Penal Code,
   9-17  if the defendant is punished under Section 49.09(c), Penal Code, or
   9-18  a third or subsequent conviction of an offense under Section 49.07
   9-19  or 49.08 of that code.  A license revoked under this subsection may
   9-20  not be reinstated, and the department is prohibited from issuing a
   9-21  new driver's license to the person.
   9-22        (d)  Except as provided by Subsections (g), (h), and (j) of
   9-23  this Section, if a person is convicted of an offense under Section
   9-24  49.04, Penal Code <Article 6701l-1, Revised Statutes, committed as
   9-25  a result of the introduction of alcohol into the body>, the
   9-26  suspension of the person's license shall begin on the date of
   9-27  conviction or not more than thirty (30) days after the date of
   10-1  conviction, as determined by the court, and be for <a period
   10-2  determined by the court according to the following schedule>:
   10-3              (1)  18 months <not less than ninety (90) or more than
   10-4  three hundred sixty-five (365) days, if the person is punished
   10-5  under Subsection (c) of that article, whether or not the punishment
   10-6  is increased under Subsection (f) of that article>; or
   10-7              (2)  five <not less than one hundred eighty (180) days
   10-8  or more than two (2)> years, if the person is punished under
   10-9  Section 49.09(a) <Subsection (d) or (e)> of that code <article,
  10-10  whether or not the punishment is increased under Subsection (f) of
  10-11  that article>.
  10-12        SECTION 7.  Section 34, Chapter 173, Acts of the 47th
  10-13  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  10-14  Civil Statutes), is amended by amending Subsection (e) and adding
  10-15  Subsection (h) to read as follows:
  10-16        (e)  Except as provided by Subsections <Subsection> (f) and
  10-17  (h) of this section, an offense under this section is punishable
  10-18  by:
  10-19              (1)  a fine of not less than One Hundred Dollars ($100)
  10-20  or more than Five Hundred Dollars ($500); and
  10-21              (2)  confinement in jail for a term of not less than
  10-22  seventy-two (72) hours or more than six (6) months.
  10-23        (h)  If at the time of the offense the defendant's driver's
  10-24  license was suspended under Section 24(a)(1), (2), or (3) of this
  10-25  Act, or was revoked under Section 24(a-2) of this Act, an offense
  10-26  under this section is:
  10-27              (1)  a Class A misdemeanor; or
   11-1              (2)  a third degree felony, if the defendant has been
   11-2  previously convicted of an offense under this section and punished
   11-3  under Subdivision (1) of this subsection.
   11-4        SECTION 8.  This Act takes effect September 1, 1995.  The
   11-5  changes in law made by this Act apply only to the punishment for or
   11-6  the civil consequences of a first or subsequent offense committed
   11-7  on or after that date.  An offense committed before the effective
   11-8  date of this Act is covered by the law in effect when the offense
   11-9  was committed, and the former law is continued in effect for that
  11-10  purpose.  For purposes of this section, an offense was committed
  11-11  before the effective date of this Act if any element of the offense
  11-12  occurred before that date.
  11-13        SECTION 9.  The importance of this legislation and the
  11-14  crowded condition of the calendars in both houses create an
  11-15  emergency and an imperative public necessity that the
  11-16  constitutional rule requiring bills to be read on three several
  11-17  days in each house be suspended, and this rule is hereby suspended.