1-1 By: Hamric (Senate Sponsor - Nelson) H.B. No. 2035
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on Criminal
1-4 Justice; May 22, 1995, reported favorably by the following vote:
1-5 Yeas 4, Nays 1; May 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to suspension or revocation of a driver's license of a
1-9 juvenile.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 22(b), Chapter 173, Acts of the 47th
1-12 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-13 Civil Statutes), is amended to read as follows:
1-14 (b) Except for the fifth (5th), eleventh (11th), twelfth
1-15 (12th), fourteenth (14th), fifteenth (15th), <and> sixteenth
1-16 (16th), and seventeenth (17th) listed grounds in this subsection,
1-17 for which the director has authority to revoke a license, the
1-18 authority to suspend the license of any driver as authorized in
1-19 this Section is granted the director upon determining that the
1-20 person:
1-21 (1) has operated a motor vehicle on a highway while
1-22 the person's license was suspended, revoked, canceled,
1-23 disqualified, or denied;
1-24 (2) has been responsible as a driver for any accident
1-25 resulting in death;
1-26 (3) is an habitual reckless or negligent driver of a
1-27 motor vehicle;
1-28 (4) is an habitual violator of the traffic law.
1-29 The term "habitual violator" as used herein, shall mean any
1-30 person with four (4) or more convictions arising out of different
1-31 transactions in a consecutive period of twelve (12) months, or
1-32 seven (7) or more convictions arising out of different transactions
1-33 within a period of twenty-four (24) months, such convictions being
1-34 for moving violations of the traffic laws of any state or its
1-35 political subdivisions other than a violation of:
1-36 (A) Section 3 or 5, Chapter 42, General Laws,
1-37 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
1-38 6701d-11, Vernon's Texas Civil Statutes);
1-39 (B) Chapter 293, Acts of the 53rd Legislature,
1-40 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
1-41 Statutes);
1-42 (C) Chapter 608, Acts of the 65th Legislature,
1-43 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
1-44 Statutes);
1-45 (D) Chapter 73, Acts of the 54th Legislature,
1-46 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
1-47 Statutes);
1-48 (E) Chapter 212, Acts of the 56th Legislature,
1-49 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
1-50 Statutes);
1-51 (F) Chapter 8, Acts of the 62nd Legislature,
1-52 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
1-53 Statutes); or
1-54 (G) Section 107C, Uniform Act Regulating Traffic
1-55 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
1-56 (5) is incapable of safely driving a motor vehicle;
1-57 (6) has permitted an unlawful or fraudulent use of
1-58 such license;
1-59 (7) has committed an offense in another state, which
1-60 if committed in this State would be grounds for suspension or
1-61 revocation;
1-62 (8) has violated a restriction or endorsement imposed
1-63 on the use of the license;
1-64 (9) has been responsible as a driver for any accident
1-65 resulting in serious personal injury or serious property damage;
1-66 (10) is the holder of a provisional license under
1-67 Section 11A of this Act and has been convicted of two (2) or more
1-68 moving violations committed within a period of twelve (12) months;
2-1 (11) has not complied with the terms of a citation
2-2 issued by a jurisdiction that is a member of the Nonresident
2-3 Violator Compact of 1977 for a violation to which the compact
2-4 applies;
2-5 (12) has a warrant of arrest outstanding, for failure
2-6 to appear or pay a fine on a complaint, that is issued by a
2-7 political subdivision that has contracted with the Department under
2-8 Article 6687c, Revised Statutes;
2-9 (13) has committed an offense under Section 186,
2-10 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
2-11 Texas Civil Statutes);
2-12 (14) has failed to provide medical records or has
2-13 failed to undergo medical or other examinations as required by a
2-14 panel of the Medical Advisory Board;
2-15 (15) has failed to take, or failed to pass, any
2-16 examination required by the director under this Act; <or>
2-17 (16) has been reported by a court under Section 1c or
2-18 2(a), Chapter 302, Acts of the 55th Legislature, Regular Session,
2-19 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for failure
2-20 to appear or default in payment of a fine unless the court has
2-21 filed an additional report on final disposition of the case; or
2-22 (17) has been reported by a justice or municipal court
2-23 for failure to appear or a default in payment of a fine for a
2-24 misdemeanor punishable by a fine only, other than an offense
2-25 covered under Subdivision (16) of this subsection, committed by a
2-26 person who was under 17 years of age at the time of the alleged
2-27 offense, unless the court has filed an additional report on final
2-28 disposition of the case.
2-29 SECTION 2. This Act takes effect September 1, 1995.
2-30 SECTION 3. The importance of this legislation and the
2-31 crowded condition of the calendars in both houses create an
2-32 emergency and an imperative public necessity that the
2-33 constitutional rule requiring bills to be read on three several
2-34 days in each house be suspended, and this rule is hereby suspended.
2-35 * * * * *