By Nelson S.B. No. 154
74R2903 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil consequences of operating a motor vehicle
1-3 while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 24, Chapter 173, Acts of the 47th
1-6 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-7 Civil Statutes), is amended by amending Subsections (a) and (d) and
1-8 adding Subsection (a-2) to read as follows:
1-9 (a) Except as provided by Subsection (g) of this Section,
1-10 the license of any person shall be automatically suspended upon
1-11 final conviction of:
1-12 (1) an offense under Section 19.05 <19.07>, Penal
1-13 Code, committed as a result of the person's criminally negligent
1-14 operation of a motor vehicle;
1-15 (2) an offense under Section 49.04 <19.05(a)(2)>,
1-16 Penal Code;
1-17 (3) an offense under Section 49.07 or 49.08, Penal
1-18 Code, if the offense involved the operation of a motor vehicle
1-19 <Article 6701l-1, Revised Statutes, committed as a result of the
1-20 introduction of alcohol into the body>;
1-21 (4) an offense punishable as a felony under the motor
1-22 vehicle laws of this State;
1-23 (5) an offense under Section 38, Uniform Act
1-24 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
2-1 Statutes); or
2-2 (6) an offense under Section 32 or 32A of this Act.
2-3 (a-2) The license of a person shall be automatically revoked
2-4 on final conviction of an offense under Section 49.04, Penal Code,
2-5 if the defendant is punished under Section 49.09(b), Penal Code, or
2-6 a third or subsequent conviction of an offense under Section 49.07
2-7 or 49.08 of that code, if the offense involved the operation of a
2-8 motor vehicle. A license revoked under this subsection may not be
2-9 reinstated, and the department is prohibited from issuing a new
2-10 driver's license to the person.
2-11 (d) Except as provided by Subsections (g), (h), and (j) of
2-12 this Section, if a person is convicted of an offense under Section
2-13 49.04, Penal Code, or an offense under Section 49.07 or 49.08,
2-14 Penal Code, involving the operation of a motor vehicle <Article
2-15 6701l-1, Revised Statutes, committed as a result of the
2-16 introduction of alcohol into the body>, the suspension of the
2-17 person's license shall begin on the date of conviction or not more
2-18 than thirty (30) days after the date of conviction, as determined
2-19 by the court, and be for a period determined by the court according
2-20 to the following schedule:
2-21 (1) not less than ninety (90) or more than three
2-22 hundred sixty-five (365) days, if the person is punished under
2-23 Section 49.04(b) <Subsection (c)> of that code <article, whether>
2-24 or if the conviction is a first conviction under Section 49.07 or
2-25 49.08 <not the punishment is increased under Subsection (f)> of
2-26 that code <article>; or
2-27 (2) not less than one hundred eighty (180) days or
3-1 more than two (2) years, if the person is punished under Section
3-2 49.09(a) <Subsection (d) or (e)> of that code <article, whether> or
3-3 if the conviction is a second conviction under Section 49.07 or
3-4 49.08 <not the punishment is increased under Subsection (f)> of
3-5 that code <article>.
3-6 SECTION 2. This Act takes effect September 1, 1995. The
3-7 changes in law made by this Act apply only to the civil
3-8 consequences of a first or subsequent offense committed on or after
3-9 that date. An offense committed before the effective date of this
3-10 Act is covered by the law in effect when the offense was committed,
3-11 and the former law is continued in effect for that purpose. For
3-12 purposes of this section, an offense was committed before the
3-13 effective date of this Act if any element of the offense occurred
3-14 before that date.
3-15 SECTION 3. 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.