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.