By Sibley                                              S.B. No. 358
       74R4722 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the civil and criminal consequences of an offense
    1-3  involving the driving or operation of a motor vehicle by a person
    1-4  under the age of 21 while under the influence of alcohol or certain
    1-5  substances or while impaired.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Chapter 49, Penal Code, is amended by adding
    1-8  Section 49.045 to read as follows:
    1-9        Sec. 49.045.  DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER
   1-10  SUBSTANCE BY MINOR.  (a)  In this section:
   1-11              (1)  "Toxic inhalant" means a gaseous substance that is
   1-12  inhaled by a person to produce a desired physical or psychological
   1-13  effect and that may cause personal injury or illness to the
   1-14  inhaler.
   1-15              (2)  "Under the influence of alcohol" means having an
   1-16  alcohol concentration of at least 0.02 but less than 0.10.
   1-17        (b)  A person younger than 21 years of age commits an offense
   1-18  if the person operates a motor vehicle in a public place while the
   1-19  person is:
   1-20              (1)  under the influence of alcohol; or
   1-21              (2)  under the influence of a controlled substance, a
   1-22  drug, a dangerous drug, a toxic inhalant, or a combination of two
   1-23  or more of those substances, to the extent that the person's
   1-24  physical or mental capacity to safely operate a motor vehicle is
    2-1  impaired.
    2-2        (c)  An offense under Subsection (b) is a Class C
    2-3  misdemeanor.
    2-4        SECTION 2.  Section 1, Chapter 434, Acts of the 61st
    2-5  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
    2-6  Civil Statutes), is amended to read as follows:
    2-7        Sec. 1.  (a)  Any person who operates a motor vehicle in a
    2-8  public place, or a watercraft, in this state shall be deemed to
    2-9  have given consent, subject to the provisions of this Act, to
   2-10  submit to the taking of one or more specimens of the person's <his>
   2-11  breath or blood for the purpose of analysis to determine the
   2-12  alcohol concentration or the presence in the person's <his> body of
   2-13  a controlled substance, drug, dangerous drug, or other substance,
   2-14  if arrested for any offense arising out of acts alleged to have
   2-15  been committed while a person was driving or in actual physical
   2-16  control of a motor vehicle or a watercraft while intoxicated.
   2-17        (b)(1)  A person younger than 21 years of age who operates a
   2-18  motor vehicle in a public place in this state shall be deemed to
   2-19  have given consent, subject to the provisions of this Act, to
   2-20  submit to the taking of one or more specimens of the person's
   2-21  breath or blood for the purpose of analysis to determine the
   2-22  alcohol concentration or the presence in the person's body of a
   2-23  controlled substance, drug, dangerous drug, or toxic inhalant if
   2-24  arrested for an offense under Section 49.045, Penal Code.
   2-25              (2)  In this subsection, the term "toxic inhalant" has
   2-26  the meaning assigned by Section 49.045, Penal Code.
   2-27        (c)  Any person so arrested may consent to the giving of any
    3-1  other type of specimen to determine the person's <his> alcohol
    3-2  concentration, but the person <he> shall not be deemed, solely on
    3-3  the basis of the person's <his> operation of a motor vehicle in a
    3-4  public place, or a watercraft, in this state, to have given consent
    3-5  to give any type of specimen other than a specimen of the person's
    3-6  <his> breath or blood.
    3-7        (d)  The specimen, or specimens, shall be taken at the
    3-8  request of a peace officer having reasonable grounds to believe the
    3-9  person to have been driving or in actual physical control of a
   3-10  motor vehicle in a public place, or a watercraft, in this state
   3-11  while intoxicated or to have been operating a motor vehicle in
   3-12  violation of Section 49.045, Penal Code.
   3-13        SECTION 3.  Section 2(e), Chapter 434, Acts of the 61st
   3-14  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
   3-15  Civil Statutes), is amended to read as follows:
   3-16        (e)  The director shall approve the form of the report.  The
   3-17  report must show the grounds for the officer's belief that the
   3-18  person had been operating a motor vehicle while intoxicated or in
   3-19  violation of Section 49.045, Penal Code.  The report must also show
   3-20  that the person refused to give a specimen, as evidenced by:
   3-21              (1)  a written refusal to give a specimen, signed by
   3-22  the person; or
   3-23              (2)  a statement signed by the officer stating that the
   3-24  person refused to give a specimen and also refused to sign the
   3-25  statement requested by the officer under Subsection (c) of this
   3-26  section.
   3-27        SECTION 4.  Section 2(f), Chapter 434, Acts of the 61st
    4-1  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
    4-2  Civil Statutes), as amended by Chapters 82, 790, 796, 886, and 900,
    4-3  Acts of the 73rd Legislature, 1993, is amended to read as follows:
    4-4        (f)  A copy of the notice of suspension or denial and the
    4-5  refusal report under Subsection (e) of this section shall be
    4-6  forwarded by the officer to the department before the end of the
    4-7  fifth business day after the date of the arrest.  When the director
    4-8  receives the report, the director shall suspend the person's
    4-9  license, permit, or resident or nonresident privilege to operate a
   4-10  motor vehicle on a public highway, or shall issue an order
   4-11  prohibiting the person from obtaining a license or permit, for 90
   4-12  days if the person is 21 years of age or older, or one year if the
   4-13  person is younger than 21 years of age, effective 28 days after the
   4-14  date the person receives notice by certified mail or 31 days after
   4-15  the date the director sends notice by certified mail, if the person
   4-16  has not accepted delivery of the notice.  If, not later than the
   4-17  20th day after the date on which the person receives notice by
   4-18  certified mail or the 23rd day after the date the director sent
   4-19  notice by certified mail, if the person has not accepted delivery
   4-20  of the notice, the department receives a written demand that a
   4-21  hearing be held, the department shall promptly make arrangements to
   4-22  set the hearing for the earliest practical time.  The hearing shall
   4-23  be set in the same manner as a hearing under Section 22(a), Chapter
   4-24  173, Acts of the 47th Legislature, Regular Session, 1941, as
   4-25  amended (Article 6687b, Vernon's Texas Civil Statutes). If, upon
   4-26  such hearing the hearing officer finds (1) that probable cause
   4-27  existed that such person was driving or in actual physical control
    5-1  of a motor vehicle in a public place while intoxicated or in
    5-2  violation of Section 49.045, Penal Code, (2) that the person was
    5-3  placed under arrest by the officer and was offered an opportunity
    5-4  to give a specimen under the provisions of this Act, and (3) that
    5-5  such person refused to give a specimen upon request of the officer,
    5-6  then the Director of the Texas  Department of Public Safety shall
    5-7  suspend the person's license or permit to drive, or any nonresident
    5-8  operating privilege for a period of 90 days if the person is 21
    5-9  years of age or older, or for a period of not more than one year if
   5-10  the person is younger than 21 years of age.  If the person is a
   5-11  resident without a license or permit to operate a motor vehicle in
   5-12  this State, the Texas  Department of Public Safety shall deny to
   5-13  the person the issuance of a license or permit for 90 days if the
   5-14  person is 21 years of age or older, or for a period of not more
   5-15  than one year if the person is younger than 21 years of age.  If,
   5-16  after a hearing has been requested, the person or the person's
   5-17  agent fails to appear at a hearing under this subsection, the
   5-18  department shall suspend the person's license, permit, or resident
   5-19  or nonresident operating privilege for 90 days.
   5-20        SECTION 5.  Section 24(a), Chapter 173, Acts of the 47th
   5-21  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   5-22  Civil Statutes), is amended to read as follows:
   5-23        (a)  Except as provided by Subsection (g) of this Section,
   5-24  the license of any person shall be automatically suspended upon
   5-25  final conviction of:
   5-26              (1)  an offense under Section 49.07 or 49.08 <19.07>,
   5-27  Penal Code, committed as a result of the person's <criminally
    6-1  negligent> operation of a motor vehicle;
    6-2              (2)  an offense under Section 49.04 or 49.045
    6-3  <19.05(a)(2)>, Penal Code;
    6-4              (3)  <an offense under Article 6701l-1, Revised
    6-5  Statutes, committed as a result of the introduction of alcohol into
    6-6  the body;>
    6-7              <(4)>  an offense punishable as a felony under the
    6-8  motor vehicle laws of this State;
    6-9              (4) <(5)>  an offense under Section 38, Uniform Act
   6-10  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   6-11  Statutes); or
   6-12              (5) <(6)>  an offense under Section 32 or 32A of this
   6-13  Act.
   6-14        SECTION 6.  This Act takes effect September 1, 1995.
   6-15        SECTION 7.  The importance of this legislation and the
   6-16  crowded condition of the calendars in both houses create an
   6-17  emergency   and   an   imperative   public   necessity   that   the
   6-18  constitutional rule requiring bills to be read on three several
   6-19  days in each house be suspended, and this rule is hereby suspended.