Amend CSSB 35 as follows:
(1) In SECTION 5 of the bill, immediately after proposed
Section 106.041(j), Alcoholic Beverage Code (house committee
report, page 6, between lines 2 and 3), add the following:
(k) In addition to the penalty provided by Subsection (b) or
(c), if it is shown at the trial of the defendant that the
defendant has been previously convicted of an offense under this
section, the court shall order that:
(1) the driver's license of the defendant be suspended
until the person attains the age of 21 years, or if the person did
not hold a valid driver's license on the date of the conviction,
the department is prohibited from issuing a driver's license to the
person until the person attains the age of 21; and
(2) if during the period of suspension and before the
person attains the age of 21 the person's driver's license expires,
the department is prohibited from renewing that driver's license or
issuing the person a new driver's license until the person attains
the age of 21.
(2) Strike SECTION 18 of the bill (house committee report,
page 19, line 20, through page 20, line 14) and substitute the
following:
SECTION 18. (a) Section 521.342, Transportation Code, is
amended to read as follows:
Sec. 521.342. PERSON UNDER 21 YEARS OF AGE. (a) The
license of a person who was under 21 years of age at the time of
the offense, other than an offense classified as a misdemeanor
punishable by fine only, is automatically suspended on conviction
of:
(1) an offense under Chapter 49 <Section 49.04 or
49.07>, Penal Code, involving the operation of a motor vehicle
<committed as a result of the introduction of alcohol into the
body>;
(2) an offense under the Alcoholic Beverage Code,
other than an offense to which Section 106.071 of that code
applies, involving the manufacture, delivery, possession,
transportation, or use of an alcoholic beverage;
(3) a misdemeanor offense under Chapter 481, Health
and Safety Code, for which Subchapter P does not require the
automatic suspension of the license;
(4) an offense under Chapter 483, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of a dangerous drug; or
(5) an offense under Chapter 484, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of a volatile chemical.
(b) The department shall suspend <for one year> the license
of a person who is under 21 years of age and is convicted of an
offense under Subsection (a)(1) <Section 49.04, 49.07, or 49.08,
Penal Code,> regardless of whether the person is required to attend
an educational program under Section 13(h), Article 42.12, Code of
Criminal Procedure, that is designed to rehabilitate persons who
have operated motor vehicles while intoxicated. If the person is
required to attend such a program and does not complete the program
before the end of the person's suspension, the department shall
continue the suspension until the department receives proof that
the person has successfully completed the program. A person who
completes the program may submit proof of the completion to the
clerk of the convicting court. The clerk shall send the proof to
the department in the manner provided by Section 13(h), Article
42.12, Code of Criminal Procedure.
(c) Except as provided by Subsection (b), the period of a
suspension under Subsection (a)(1) continues until the person
attains the age of 21 years. If during the period of suspension
and before the person attains the age of 21 the person's driver's
license expires, the department is prohibited from renewing that
driver's license or issuing the person a new driver's license until
the person attains the age of 21, or if the person did not hold a
valid driver's license on the date of the conviction, the
department is prohibited from issuing a driver's license to the
person until the person attains the age of 21.
(d) A person whose license is suspended under Subsection
(a)(2), (3), (4), or (5) <(a)> remains eligible to receive an
occupational license under Subchapter L. A person whose license is
suspended under Subsection (a)(1) is not eligible to receive an
occupational license under that subchapter. Suspension under
Subsection (a)(2), (3), (4), or (5) <(a)> is not a suspension for
physical or mental disability or impairment for purposes of
eligibility to apply for an occupational license under Subchapter
L.
(e) Notwithstanding any other law, including Section 13,
Article 42.12, Code of Criminal Procedure, the suspension of a
license under Subsection (a)(1) may not be probated.
(b) The changes in law made by this section relating to the
period of the suspension of a driver's license apply only to a
driver's license that is suspended on or after September 1, 1997.
The period of the suspension of a driver's license suspended before
September 1, 1997, is covered by the law in effect when the
driver's license was suspended and the former law is continued in
effect for that purpose.