By Brimer                                        H.B. No. 274

      75R2310 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 operation of a motor vehicle by a person under the

 1-4     age of 21 while intoxicated.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 49.01(2), Penal Code, is amended to read

 1-7     as follows:

 1-8                 (2)  "Intoxicated" means:

 1-9                       (A)  not having the normal use of mental or

1-10     physical faculties by reason of the introduction of alcohol, a

1-11     controlled substance, a drug, a dangerous drug, a combination of

1-12     two or more of those substances, or any other substance into the

1-13     body; or

1-14                       (B)  having an alcohol concentration of:

1-15                             (i)  0.10 or more, if the actor is at least

1-16     21 years of age; or

1-17                             (ii)  more than 0.00, if the actor is

1-18     younger than 21 years of age.

1-19           SECTION 2.  Section 521.342, Transportation Code, is amended

1-20     to read as follows:

1-21           Sec. 521.342.  PERSON UNDER 21 YEARS OF AGE.  (a)  The

1-22     license of a person who was under 21 years of age at the time of

1-23     the offense, other than an offense classified as a misdemeanor

1-24     punishable by fine only, is automatically suspended on conviction

 2-1     of:

 2-2                 (1)  an offense under Chapter 49 [Section 49.04 or

 2-3     49.07], Penal Code, involving the operation of a motor vehicle

 2-4     [committed as a result of the introduction of alcohol into the

 2-5     body];

 2-6                 (2)  an offense under the Alcoholic Beverage Code

 2-7     involving the manufacture, delivery, possession, transportation, or

 2-8     use of an alcoholic beverage;

 2-9                 (3)  a misdemeanor offense under Chapter 481, Health

2-10     and Safety Code, for which Subchapter P does not require the

2-11     automatic suspension of the license;

2-12                 (4)  an offense under Chapter 483, Health and Safety

2-13     Code, involving the manufacture, delivery, possession,

2-14     transportation, or use of a dangerous drug; or

2-15                 (5)  an offense under Chapter 484, Health and Safety

2-16     Code, involving the manufacture, delivery, possession,

2-17     transportation, or use of a volatile chemical.

2-18           (b)  The department shall suspend [for one year] the license

2-19     of a person who is under 21 years of age and is convicted of an

2-20     offense under Subsection (a)(1) [Section 49.04, 49.07, or 49.08,

2-21     Penal Code,] regardless of whether the person is required to attend

2-22     an educational program under Section 13(h), Article 42.12, Code of

2-23     Criminal Procedure, that is designed to rehabilitate persons who

2-24     have operated motor vehicles while intoxicated.  If the person is

2-25     required to attend such a program and does not complete the program

2-26     before the end of the person's suspension, the department shall

2-27     continue the suspension until the department receives proof that

 3-1     the person has successfully completed the program.  A person who

 3-2     completes the program may submit proof of the completion to the

 3-3     clerk of the convicting court.  The clerk shall send the proof to

 3-4     the department in the manner provided by Section 13(h), Article

 3-5     42.12, Code of Criminal Procedure.

 3-6           (c)  Except as provided by Subsection (b), the period of a

 3-7     suspension under Subsection (a)(1) continues until the person

 3-8     attains the age of 21 years.  If during the period of suspension

 3-9     and before the person attains the age of 21 the person's driver's

3-10     license expires, the department is prohibited from renewing that

3-11     driver's license or issuing the person a new driver's license until

3-12     the person attains the age of 21, or if the person did not hold a

3-13     valid driver's license on the date of the conviction, the

3-14     department is prohibited from issuing a driver's license to the

3-15     person until the person attains the age of 21.

3-16           (d)  A person whose license is suspended under Subsection

3-17     (a)(2), (3), (4), or (5) [(a)] remains eligible to receive an

3-18     occupational license under Subchapter L.  A person whose license is

3-19     suspended under Subsection (a)(1) is not eligible to receive an

3-20     occupational license under that subchapter.  Suspension under

3-21     Subsection (a)(2), (3), (4), or (5) [(a)] is not a suspension for

3-22     physical or mental disability or impairment for purposes of

3-23     eligibility to apply for an occupational license under Subchapter

3-24     L.

3-25           (e)  Notwithstanding any other law, including Section 13,

3-26     Article 42.12, Code of Criminal Procedure, the suspension of a

3-27     license under Subsection (a)(1) may not be probated.

 4-1           SECTION 3.  Section 521.343(a), Transportation Code, is

 4-2     amended to read as follows:

 4-3           (a)  Except as provided by Sections 521.342 [521.342(b)],

 4-4     521.344(a), (b), (d), (e), (f), (g), (h), and (i), 521.345, and

 4-5     521.346, a suspension under this subchapter is for one year.

 4-6           SECTION 4.  Sections 521.344(a), (b), (c), and (d),

 4-7     Transportation Code, are amended to read as follows:

 4-8           (a)  Except as provided by Sections 521.342 [521.342(b)] and

 4-9     521.345, and by Subsections (d)-(i), if a person is convicted of an

4-10     offense under Section 49.04 or 49.07, Penal Code, that is committed

4-11     as a result of the introduction of alcohol into the body, the

4-12     license suspension:

4-13                 (1)  begins on a date set by the court that is not

4-14     earlier than the date of the conviction or later than the 30th day

4-15     after the date of the conviction, as determined by the court; and

4-16                 (2)  continues for a period set by the court according

4-17     to the following schedule:

4-18                       (A)  not less than 90 days or more than one year

4-19     if the person is punished under Section 49.04 or 49.07, Penal Code;

4-20     or

4-21                       (B)  not less than 180 days or more than two

4-22     years, if the person is punished under Section 49.09, Penal Code.

4-23           (b)  Except as provided by Section 521.342 [521.342(b)], if a

4-24     person is convicted of an offense under Section 49.08, Penal Code,

4-25     the license suspension begins:

4-26                 (1)  on a date set by the court that is not earlier

4-27     than the date of the conviction or later than the 30th day after

 5-1     the date of the conviction, as determined by the court; and

 5-2                 (2)  continues for a period set by the court of not

 5-3     less than 180 days or more than two years.

 5-4           (c)  The court shall credit toward the period of suspension a

 5-5     suspension imposed on the person for refusal to give a specimen

 5-6     under Chapter 724 if the refusal followed an arrest for the same

 5-7     offense for which the court is suspending the person's license

 5-8     under this chapter.  The court may not extend the credit to a

 5-9     person:

5-10                 (1)  who has been previously convicted of an offense

5-11     under Section 49.04, 49.07, or 49.08, Penal Code; or

5-12                 (2)  whose period of suspension is governed by Section

5-13     521.342 [521.342(b)].

5-14           (d)  Except as provided by Subsection (e) and Section 521.342

5-15     [521.342(b)], during a period of probation the department may not

5-16     revoke the person's license if the person is required under Section

5-17     13(h) or (j), Article 42.12, Code of Criminal Procedure, to

5-18     successfully complete an educational program designed to

5-19     rehabilitate persons who have operated motor vehicles while

5-20     intoxicated.  The department may not revoke the license of a person

5-21     for whom the jury has recommended that the license not be revoked

5-22     under Section 13(g), Article 42.12, Code of Criminal Procedure.

5-23           SECTION 5.  This Act takes effect September 1, 1997.  The new

5-24     changes in law made by this Act relating to the period of the

5-25     suspension of a driver's license apply only to a driver's license

5-26     that is suspended on or after September 1, 1997.  The period of the

5-27     suspension of a driver's license suspended before September 1,

 6-1     1997, is covered by the law in effect when the driver's license was

 6-2     suspended and the former law is continued in effect for that

 6-3     purpose.

 6-4           SECTION 6.  The importance of this legislation and the

 6-5     crowded condition of the calendars in both houses create an

 6-6     emergency and an imperative public necessity that the

 6-7     constitutional rule requiring bills to be read on three several

 6-8     days in each house be suspended, and this rule is hereby suspended.