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.