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.