By Hilbert                                            H.B. No. 2389
       74R6446 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the lawful operation of a motor vehicle by certain
    1-3  chemically dependent persons and persons who are adjudged to be
    1-4  mentally incompetent.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 30, Chapter 173, Acts of the 47th
    1-7  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
    1-8  Civil Statutes), is amended to read as follows:
    1-9        Sec. 30.  (a)  A person may not operate a motor vehicle if
   1-10  the person is:
   1-11              (1)  A person with a chemical dependency who:
   1-12                    (A)  is likely to cause serious harm to the
   1-13  person or to others; and
   1-14                    (B)  will continue to suffer abnormal mental,
   1-15  emotional, or physical distress, or to deteriorate in ability to
   1-16  function independently if not treated; or
   1-17              (2)  a person who is mentally incompetent.
   1-18        (b)(1)  If a person has been issued a driver's license, the
   1-19  person's driver's license is automatically revoked on:
   1-20                    (A)  an adjudication of the person as mentally
   1-21  incompetent; or
   1-22                    (B)  the ordering by a court of involuntary
   1-23  treatment of the person under Subchapter D, Chapter 462, Health and
   1-24  Safety Code.
    2-1              (2)  If the person has not been issued a driver's
    2-2  license, the adjudication of the person's incompetency or the
    2-3  ordering of involuntary treatment of the person automatically
    2-4  prohibits the department from issuing a driver's license to the
    2-5  person.
    2-6        (c)  The clerk of the court that adjudges a person to be
    2-7  mentally incompetent, or that under Subchapter D, Chapter 462,
    2-8  Health and Safety Code, orders involuntary treatment of a
    2-9  chemically dependent person, shall notify the department of the
   2-10  court's adjudication or action before the 10th day after the date
   2-11  the court adjudges the person to be incompetent or orders the
   2-12  person to involuntary treatment.
   2-13        (d)  The revocation of a driver's license or the prohibition
   2-14  against the issuance of a driver's license under Subsection (b) of
   2-15  this section automatically expires when:
   2-16              (1)  the incompetent person is:
   2-17                    (A)  restored to competency by judicial decree;
   2-18  or
   2-19                    (B)  released from a hospital for the mentally
   2-20  incompetent on a certificate of the superintendent that the person
   2-21  is competent; or
   2-22              (2)  the order of involuntary treatment of the
   2-23  chemically dependent person expires.
   2-24        (e)  In this section, "chemical dependency" and "treatment"
   2-25  have the meanings assigned those terms by Section 462.001, Health
   2-26  and Safety Code.  <It shall be unlawful for any person to act as a
   2-27  driver of a motor vehicle who is addicted to the use of alcohol or
    3-1  a controlled substance, or who has been adjudged mentally
    3-2  incompetent and has not been restored to competency by judicial
    3-3  decree or released from a hospital for the mentally incompetent
    3-4  upon a certificate of the superintendent that such person is
    3-5  competent.  A finding that a person is addicted to the use of
    3-6  alcohol or a controlled substance must be based on a determination
    3-7  by the court that the person is psychologically or physiologically
    3-8  dependent on alcohol or a controlled substance.  Any finding by any
    3-9  court of competent jurisdiction that any person holding a driver's
   3-10  license is mentally incompetent or addicted to the use of alcohol
   3-11  or a controlled substance shall carry with it a revocation of the
   3-12  driver's license.  It shall be the duty of the clerk of any court
   3-13  in which such findings are made, to certify same to the Department
   3-14  within ten (10) days.>
   3-15        SECTION 2.  The importance of this legislation and the
   3-16  crowded condition of the calendars in both houses create an
   3-17  emergency and an imperative public necessity that the
   3-18  constitutional rule requiring bills to be read on three several
   3-19  days in each house be suspended, and this rule is hereby suspended,
   3-20  and that this Act take effect and be in force from and after its
   3-21  passage, and it is so enacted.