By: West, et al. S.B. No. 35
A BILL TO BE ENTITLED
AN ACT
1-1 relating to operating a vehicle while intoxicated or under the
1-2 influence of alcohol by a minor and other actions of a minor
1-3 concerning the acquisition, possession, and use of alcohol;
1-4 providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 106.02, Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) A minor
1-9 commits an offense if he purchases an alcoholic beverage.
1-10 (b) An offense under this section is punishable as provided
1-11 by Section 106.071 [Except as provided in Subsection (c) of this
1-12 section, a violation of this section is a misdemeanor punishable by
1-13 a fine of not less than $25 nor more than $200.]
1-14 [(c) If a person has been previously convicted of a
1-15 violation of this section, or of Section 106.04 or 106.05 of this
1-16 code, a violation is a misdemeanor punishable by a fine of not less
1-17 than $250 nor more than $1,000].
1-18 SECTION 2. Section 106.025, Alcoholic Beverage Code, is
1-19 amended to read as follows:
1-20 Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.
1-21 (a) A minor commits an offense if, with specific intent to commit
1-22 an offense under Section 106.02 of this code, the minor does an act
1-23 amounting to more than mere preparation that tends but fails to
2-1 effect the commission of the offense intended.
2-2 (b) An offense under this section is punishable as provided
2-3 by Section 106.071 [Except as provided by Subsection (c) of this
2-4 section, a violation of this section is a misdemeanor punishable by
2-5 a fine of not less than $25 nor more than $200.]
2-6 [(c) If a person has previously been convicted of a
2-7 violation of this section, a violation is a misdemeanor punishable
2-8 by a fine of not less than $250 nor more than $1,000].
2-9 SECTION 3. Section 106.03, Alcoholic Beverage Code, is
2-10 amended to read as follows:
2-11 Sec. 106.03. SALE TO MINORS. (a) A person commits an
2-12 offense if with criminal negligence he sells an alcoholic beverage
2-13 to a minor.
2-14 (b) A person who sells a minor an alcoholic beverage does
2-15 not commit an offense if the minor falsely represents himself to be
2-16 21 years old or older by displaying an apparently valid Texas
2-17 driver's license or an identification card issued by the Texas
2-18 Department of Public Safety, containing a physical description
2-19 consistent with his appearance for the purpose of inducing the
2-20 person to sell him an alcoholic beverage.
2-21 (c) An offense under this section is a Class A misdemeanor
2-22 [Except as provided in Subsection (d) of this section, a violation
2-23 of this section is a misdemeanor punishable by a fine of not less
2-24 than $100 nor more than $500, by confinement in jail for not more
2-25 than one year, or by both.]
3-1 [(d) If a person has been previously convicted of a
3-2 violation of this section or Section 101.63 of this code, a
3-3 violation is a misdemeanor punishable by a fine of not less than
3-4 $500 nor more than $1,000, by confinement in jail for not more than
3-5 one year, or by both].
3-6 SECTION 4. Section 106.04, Alcoholic Beverage Code, is
3-7 amended to read as follows:
3-8 Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A
3-9 [Except as provided in Subsection (b) of this section, a] minor
3-10 commits an offense if he consumes an alcoholic beverage.
3-11 (b) It is an affirmative defense to prosecution under this
3-12 section that the alcoholic beverage was consumed [A minor may
3-13 consume an alcoholic beverage if he is] in the visible presence of
3-14 the minor's [an] adult parent, guardian, or spouse.
3-15 (c) An offense under this section is punishable as provided
3-16 by Section 106.071.
3-17 (d) A minor who commits an offense under this section and
3-18 who has been previously convicted twice or more of offenses under
3-19 this section is not eligible for deferred adjudication. For the
3-20 purposes of this subsection an adjudication under Title 3, Family
3-21 Code, that the minor engaged in conduct described by this section
3-22 is considered a conviction of an offense under this section [Except
3-23 as provided in Subsection (d) of this section, a violation of this
3-24 section is a misdemeanor punishable by a fine of not less than $25
3-25 nor more than $200.]
4-1 [(d) If a person has been previously convicted of a
4-2 violation of this section, or of Section 106.02 or 106.05 of this
4-3 code, a violation is a misdemeanor punishable by a fine of not less
4-4 than $500 nor more than $1,000].
4-5 SECTION 5. Chapter 106, Alcoholic Beverage Code, is amended
4-6 by adding Section 106.041 to read as follows:
4-7 Sec. 106.041. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY
4-8 MINOR. (a) A minor commits an offense if the minor operates a
4-9 motor vehicle in a public place while having any detectable amount
4-10 of alcohol in the minor's system.
4-11 (b) Except as provided by Subsection (c), an offense under
4-12 this section is a Class C misdemeanor.
4-13 (c) If it is shown at the trial of the defendant that the
4-14 defendant is a minor who is not a child and who has been previously
4-15 convicted at least twice of an offense under this section, the
4-16 offense is punishable by:
4-17 (1) a fine of not less than $500 or more than $2,000;
4-18 (2) confinement in jail for a term not to exceed 180
4-19 days; or
4-20 (3) both the fine and confinement.
4-21 (d) In addition to any fine and any order issued under
4-22 Section 106.115, the court shall order a minor convicted of an
4-23 offense under this section to perform community service for:
4-24 (1) not less than 20 or more than 40 hours, if the
4-25 minor has not been previously convicted of an offense under this
5-1 section; or
5-2 (2) not less than 40 or more than 60 hours, if the
5-3 minor has been previously convicted of an offense under this
5-4 section.
5-5 (e) Community service ordered under this section must be
5-6 related to education about or prevention of misuse of alcohol.
5-7 (f) A minor who commits an offense under this section and
5-8 who has been previously convicted twice or more of offenses under
5-9 this section is not eligible for deferred adjudication.
5-10 (g) An offense under this section is not a lesser included
5-11 offense under Section 49.04, Penal Code.
5-12 (h) For the purpose of determining whether a minor has been
5-13 previously convicted of an offense under this section, an
5-14 adjudication under Title 3, Family Code, that the minor engaged in
5-15 conduct described by this section is considered a conviction under
5-16 this section.
5-17 (i) A peace officer who is charging a minor with committing
5-18 an offense under this section is not required to take the minor
5-19 into custody but may issue a citation to the minor that contains
5-20 written notice of the time and place the minor must appear before a
5-21 magistrate, the name and address of the minor charged, and the
5-22 offense charged.
5-23 (j) In this section:
5-24 (1) "Child" has the meaning assigned by Section 51.02,
5-25 Family Code.
6-1 (2) "Motor vehicle" has the meaning assigned by
6-2 Section 32.34(a), Penal Code.
6-3 (3) "Public place" has the meaning assigned by Section
6-4 1.07, Penal Code.
6-5 SECTION 6. Section 106.05, Alcoholic Beverage Code, is
6-6 amended to read as follows:
6-7 Sec. 106.05. Possession of Alcohol by a Minor. (a) Except
6-8 as provided in Subsection (b) of this section, a minor commits an
6-9 offense if he possesses an alcoholic beverage.
6-10 (b) A minor may possess an alcoholic beverage:
6-11 (1) while in the course and scope of his employment if
6-12 he is an employee of a licensee or permittee and the employment is
6-13 not prohibited by this code; or
6-14 (2) if he is in the visible presence of his [an] adult
6-15 parent, guardian, or spouse, or other adult to whom he has been
6-16 committed by a court.
6-17 (c) An offense under this section is punishable as provided
6-18 by Section 106.071 [Except as provided in Subsection (d) of this
6-19 section, a violation of this section is a misdemeanor punishable by
6-20 a fine of not less than $25 nor more than $200.]
6-21 [(d) If a person has been previously convicted of a
6-22 violation of this section, or of Section 106.02 or 106.04 of this
6-23 code, a violation is a misdemeanor punishable by a fine of not less
6-24 than $500 nor more than $1,000].
6-25 SECTION 7. Subsection (c), Section 106.06, Alcoholic
7-1 Beverage Code, is amended to read as follows:
7-2 (c) An offense under this section is a Class B misdemeanor
7-3 [A violation of this section is a misdemeanor punishable by a fine
7-4 of not less than $100 nor more than $500].
7-5 SECTION 8. Section 106.07, Alcoholic Beverage Code, is
7-6 amended to read as follows:
7-7 Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. (a) A
7-8 minor commits an offense if he falsely states that he is 21 years
7-9 of age or older or presents any document that indicates he is 21
7-10 years of age or older to a person engaged in selling or serving
7-11 alcoholic beverages.
7-12 (b) An offense under this section is punishable as provided
7-13 by Section 106.071 [Except as provided in Subsection (c) of this
7-14 section, a violation of this section is a misdemeanor punishable by
7-15 a fine of not less than $25 nor more than $200.]
7-16 [(c) If a person has been previously convicted of a
7-17 violation of this section, a violation is a misdemeanor punishable
7-18 by a fine of not less than $100 nor more than $500].
7-19 SECTION 9. Chapter 106, Alcoholic Beverage Code, is amended
7-20 by adding Section 106.071 to read as follows:
7-21 Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY
7-22 MINOR. (a) This section applies to an offense under Section
7-23 106.02, 106.025, 106.04, 106.05, or 106.07.
7-24 (b) Except as provided by Subsection (c), an offense to
7-25 which this section applies is a Class C misdemeanor.
8-1 (c) If it is shown at the trial of the defendant that the
8-2 defendant is a minor who is not a child and who has been previously
8-3 convicted at least twice of an offense to which this section
8-4 applies, the offense is punishable by:
8-5 (1) a fine of not less than $250 or more than $2,000;
8-6 (2) confinement in jail for a term not to exceed 180
8-7 days; or
8-8 (3) both the fine and confinement.
8-9 (d) In addition to any fine and any order issued under
8-10 Section 106.115:
8-11 (1) the court shall order a minor convicted of an
8-12 offense to which this section applies to perform community service
8-13 for:
8-14 (A) not less than eight or more than 12 hours,
8-15 if the minor has not been previously convicted of an offense to
8-16 which this section applies; or
8-17 (B) not less than 20 or more than 40 hours, if
8-18 the minor has been previously convicted once of an offense to which
8-19 this section applies; and
8-20 (2) the court shall order the Department of Public
8-21 Safety to suspend the minor's driver's license or permit or, if the
8-22 minor does not have a driver's license or permit, to deny the
8-23 issuance of a driver's license or permit for:
8-24 (A) 30 days, if the minor has not been
8-25 previously convicted of an offense to which this section applies;
9-1 (B) 60 days, if the minor has been previously
9-2 convicted once of an offense to which this section applies; or
9-3 (C) 180 days, if the minor has been previously
9-4 convicted twice or more of an offense to which this section
9-5 applies.
9-6 (e) Community service ordered under this section must be
9-7 related to education about or prevention of misuse of alcohol.
9-8 (f) For the purpose of determining whether a minor has been
9-9 previously convicted of an offense to which this section applies,
9-10 an adjudication under Title 3, Family Code, that the minor engaged
9-11 in conduct described by this section is considered a conviction
9-12 under this section.
9-13 (g) In this section, "child" has the meaning assigned by
9-14 Section 51.02, Family Code.
9-15 SECTION 10. Section 106.115, Alcoholic Beverage Code, is
9-16 amended to read as follows:
9-17 Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE;
9-18 LICENSE SUSPENSION. (a) On [Except as provided by Subsection (b),
9-19 on] conviction of a minor of an offense under Section 106.02,
9-20 106.025, 106.04, 106.041, [or] 106.05, or 106.07, the court, in
9-21 addition to assessing a fine as provided by those sections, shall
9-22 require a [the] defendant who has not been previously convicted of
9-23 an offense under one of those sections to attend an alcohol
9-24 awareness course approved by the Texas Commission on Alcohol and
9-25 Drug Abuse. If the defendant has been previously convicted once or
10-1 more of an offense under one or more of those sections, the court
10-2 may require the defendant to attend the alcohol awareness course.
10-3 If the defendant is younger than 18 years of age, the court may
10-4 require the parent or guardian of the defendant to attend the
10-5 course with the defendant.
10-6 (b) [If the defendant resides in a rural or other area in
10-7 which access to an alcohol awareness course is not readily
10-8 available, the court shall require the defendant to perform eight
10-9 to 12 hours of community service instead of participating in an
10-10 alcohol awareness course.]
10-11 [(c)] When requested, an alcohol awareness course may be
10-12 taught in languages other than English.
10-13 (c) [(d)] The court shall require the defendant to present
10-14 to the court, within 90 days of the date of final conviction,
10-15 evidence in the form prescribed by the court that the defendant, as
10-16 ordered by the court, has satisfactorily completed an alcohol
10-17 awareness course or performed the required hours of community
10-18 service. For good cause the court may extend this period by not
10-19 more than 90 days. If the defendant presents the required evidence
10-20 within the prescribed period, the court may reduce the assessed
10-21 fine to an amount equal to no less than one-half of the amount of
10-22 the initial fine.
10-23 (d) [(e)] If the defendant does not present the required
10-24 evidence within the prescribed period, the court shall order the
10-25 Department of Public Safety to suspend the defendant's driver's
11-1 license or permit for a period not to exceed six months or, if the
11-2 defendant does not have a license or permit, to deny the issuance
11-3 of a license or permit to the defendant for that period.
11-4 (e) [(f)] The Department of Public Safety shall send notice
11-5 of the suspension or prohibition order issued under Subsection (d)
11-6 [(e)] by certified mail, return receipt requested, to the
11-7 defendant. The notice must include the date of the suspension or
11-8 prohibition order, the reason for the suspension or prohibition,
11-9 and the period covered by the suspension or prohibition.
11-10 SECTION 11. Chapter 106, Alcoholic Beverage Code, is amended
11-11 by adding Sections 106.116 and 106.117 to read as follows:
11-12 Sec. 106.116. REPORTS OF COURT TO COMMISSION. Unless the
11-13 clerk is otherwise required to include the information in a report
11-14 submitted under Section 101.09, the clerk of a court, including a
11-15 justice court, municipal court, or juvenile court, shall furnish to
11-16 the commission on request a notice of a conviction of an offense
11-17 under this chapter or an adjudication under Title 3, Family Code,
11-18 for conduct that constitutes an offense under this chapter. The
11-19 report must be in the form prescribed by the commission.
11-20 Sec. 106.117. REPORT OF COURT TO DEPARTMENT OF PUBLIC
11-21 SAFETY. (a) Each court, including a justice court, municipal
11-22 court, or juvenile court, shall furnish to the Department of Public
11-23 Safety a notice of each:
11-24 (1) adjudication under Title 3, Family Code, for
11-25 conduct that constitutes an offense under this chapter;
12-1 (2) conviction of an offense under this chapter; and
12-2 (3) acquittal of an offense under Section 106.041.
12-3 (b) The notice must be in a form prescribed by the
12-4 department and must contain the driver's license number of the
12-5 defendant, if the defendant holds a driver's license.
12-6 (c) The Department of Public Safety shall maintain
12-7 appropriate records of information in the notices and shall provide
12-8 the information to law enforcement agencies and courts as necessary
12-9 to enable those agencies and courts to carry out their official
12-10 duties. The information is admissible in any action in which it is
12-11 relevant. A person who holds a driver's license having the same
12-12 number that is contained in a record maintained under this section
12-13 is presumed to be the person to whom the record relates. The
12-14 presumption may be rebutted only by evidence presented under oath.
12-15 (d) The information maintained under this section is
12-16 confidential and may not be disclosed except as provided by this
12-17 section. A provision of Chapter 58, Family Code, or other law
12-18 limiting collection or reporting of information on a juvenile or
12-19 other minor or requiring destruction of that information does not
12-20 apply to information reported and maintained under this section.
12-21 SECTION 12. Subdivision (15), Section 51.02, Family Code, is
12-22 amended to read as follows:
12-23 (15) "Status offender" means a child who is accused,
12-24 adjudicated, or convicted for conduct that would not, under state
12-25 law, be a crime if committed by an adult, including:
13-1 (A) truancy under Section 51.03(b)(2);
13-2 (B) running away from home under Section
13-3 51.03(b)(3);
13-4 (C) a fineable only offense under Section
13-5 51.03(b)(1) transferred to the juvenile court under Section
13-6 51.08(b), but only if the conduct constituting the offense would
13-7 not have been criminal if engaged in by an adult;
13-8 (D) failure to attend school under Section
13-9 4.251, Education Code;
13-10 (E) a violation of standards of student conduct
13-11 as described by Section 51.03(b)(5) [51.03(b)(6)];
13-12 (F) a violation of a juvenile curfew ordinance
13-13 or order;
13-14 (G) a violation of a provision of the Alcoholic
13-15 Beverage Code applicable to minors only; or
13-16 (H) a violation of any other fineable only
13-17 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
13-18 the conduct constituting the offense would not have been criminal
13-19 if engaged in by an adult.
13-20 SECTION 13. Subsections (a) and (b), Section 51.03, Family
13-21 Code, are amended to read as follows:
13-22 (a) Delinquent conduct is:
13-23 (1) conduct, other than a traffic offense, that
13-24 violates a penal law of this state or of the United States
13-25 punishable by imprisonment or by confinement in jail;
14-1 (2) conduct that violates a reasonable and lawful
14-2 order of a juvenile court entered under Section 54.04 or 54.05 of
14-3 this code, except an order prohibiting the following conduct:
14-4 (A) a violation of the penal laws of this state
14-5 of the grade of misdemeanor that is punishable by fine only or a
14-6 violation of the penal ordinances of any political subdivision of
14-7 this state;
14-8 (B) the unexcused voluntary absence of a child
14-9 from school; or
14-10 (C) the voluntary absence of a child from his
14-11 home without the consent of his parent or guardian for a
14-12 substantial length of time or without intent to return;
14-13 (3) conduct that violates a lawful order of a
14-14 municipal court or justice court under circumstances that would
14-15 constitute contempt of that court; [or]
14-16 (4) conduct that violates Section 49.04, 49.05, 49.06,
14-17 49.07, or 49.08, Penal Code; or
14-18 (5) conduct that violates Section 106.041, Alcoholic
14-19 Beverage Code, relating to driving under the influence of alcohol
14-20 by a minor [the laws of this state prohibiting driving while
14-21 intoxicated or under the influence of intoxicating liquor (third or
14-22 subsequent offense) or driving while under the influence of any
14-23 narcotic drug or of any other drug to the degree that renders the
14-24 child incapable of safely driving a vehicle] (third or subsequent
14-25 offense).
15-1 (b) Conduct indicating a need for supervision is:
15-2 (1) subject to Subsection (f) of this section,
15-3 conduct, other than a traffic offense, that violates:
15-4 (A) the penal laws of this state of the grade of
15-5 misdemeanor that are punishable by fine only; or
15-6 (B) the penal ordinances of any political
15-7 subdivision of this state;
15-8 (2) the unexcused voluntary absence of a child on 10
15-9 or more days or parts of days within a six-month period or three or
15-10 more days or parts of days within a four-week period from school
15-11 without the consent of his parents;
15-12 (3) the voluntary absence of a child from his home
15-13 without the consent of his parent or guardian for a substantial
15-14 length of time or without intent to return;
15-15 (4) [conduct which violates the laws of this state
15-16 prohibiting driving while intoxicated or under the influence of
15-17 intoxicating liquor (first or second offense) or driving while
15-18 under the influence of any narcotic drug or of any other drug to a
15-19 degree which renders him incapable of safely driving a vehicle
15-20 (first or second offense);]
15-21 [(5)] conduct prohibited by city ordinance or by state
15-22 law involving the inhalation of the fumes or vapors of paint and
15-23 other protective coatings or glue and other adhesives and the
15-24 volatile chemicals itemized in Section 484.002, Health and Safety
15-25 Code;
16-1 (5) [(6)] an act that violates a school district's
16-2 previously communicated written standards of student conduct for
16-3 which the child has been expelled under Section 21.3011, Education
16-4 Code; or
16-5 (6) [(7)] conduct that violates a reasonable and
16-6 lawful order of a court entered under Section 264.305.
16-7 SECTION 14. Section 52.02, Family Code, is amended by
16-8 amending Subsection (a) and adding Subsection (c) to read as
16-9 follows:
16-10 (a) Except as provided by Subsection (c), a [A] person
16-11 taking a child into custody, without unnecessary delay and without
16-12 first taking the child to any place other than a juvenile
16-13 processing office designated under Section 52.025 of this code,
16-14 shall do one of the following:
16-15 (1) release the child to a parent, guardian, custodian
16-16 of the child, or other responsible adult upon that person's promise
16-17 to bring the child before the juvenile court as requested by the
16-18 court;
16-19 (2) bring the child before the office or official
16-20 designated by the juvenile court if there is probable cause to
16-21 believe that the child engaged in delinquent conduct or conduct
16-22 indicating a need for supervision;
16-23 (3) bring the child to a detention facility designated
16-24 by the juvenile court;
16-25 (4) bring the child to a medical facility if the child
17-1 is believed to suffer from a serious physical condition or illness
17-2 that requires prompt treatment; or
17-3 (5) dispose of the case under Section 52.03 of this
17-4 code.
17-5 (c) A person who takes a child into custody and who has
17-6 reasonable grounds to believe that the child has been operating a
17-7 motor vehicle in a public place while having any detectable amount
17-8 of alcohol in the child's system may, before complying with
17-9 Subsection (a):
17-10 (1) take the child to a place to obtain a specimen of
17-11 the child's breath or blood as provided by Chapter 724,
17-12 Transportation Code; and
17-13 (2) perform intoxilyzer processing and videotaping of
17-14 the child in an adult processing office of a police department.
17-15 SECTION 15. Section 53.03, Family Code, is amended by
17-16 amending Subsection (a) and adding Subsection (g) to read as
17-17 follows:
17-18 (a) Subject to Subsections [Subsection] (e) and (g), if the
17-19 preliminary investigation required by Section 53.01 of this code
17-20 results in a determination that further proceedings in the case are
17-21 authorized, the probation officer or other designated officer of
17-22 the court, subject to the direction of the juvenile court, may
17-23 advise the parties for a reasonable period of time not to exceed
17-24 six months concerning deferred prosecution and rehabilitation of a
17-25 child if:
18-1 (1) deferred prosecution would be in the interest of
18-2 the public and the child;
18-3 (2) the child and his parent, guardian, or custodian
18-4 consent with knowledge that consent is not obligatory; and
18-5 (3) the child and his parent, guardian, or custodian
18-6 are informed that they may terminate the deferred prosecution at
18-7 any point and petition the court for a court hearing in the case.
18-8 (g) Prosecution may not be deferred for a child alleged to
18-9 have engaged in conduct that:
18-10 (1) is an offense under Section 49.04, 49.05, 49.06,
18-11 49.07, or 49.08, Penal Code; or
18-12 (2) is a third or subsequent offense under Section
18-13 106.04 or 106.041, Alcoholic Beverage Code.
18-14 SECTION 16. Chapter 54, Family Code, is amended by adding
18-15 Section 54.046 to read as follows:
18-16 Sec. 54.046. ALCOHOL-RELATED OFFENSE. If the court or jury
18-17 finds at an adjudication hearing for a child that the child engaged
18-18 in conduct indicating a need for supervision or delinquent conduct
18-19 that violates the alcohol-related offenses in Section 106.02,
18-20 106.025, 106.04, 106.05, or 106.07, Alcoholic Beverage Code, the
18-21 court shall, subject to a finding under Section 54.04(c), order, in
18-22 addition to any other order authorized by this title, that, in the
18-23 manner provided by Section 106.071(d), Alcoholic Beverage Code:
18-24 (1) the child perform community service; and
18-25 (2) the child's driver's license or permit be
19-1 suspended or that the child be denied issuance of a driver's
19-2 license or permit.
19-3 SECTION 17. Chapter 59, Family Code, is amended by adding
19-4 Section 59.0031 to read as follows:
19-5 Sec. 59.0031. SANCTION LEVEL ASSIGNMENT GUIDELINES FOR
19-6 DRIVING WHILE INTOXICATED. Subject to Section 59.003(e), the
19-7 probation department may or the juvenile court may, in a
19-8 disposition hearing under Section 54.04, assign a child, for
19-9 conduct that is an offense under Section 49.04, 49.05, or 49.06,
19-10 Penal Code, the following sanction levels:
19-11 (1) for the first offense, the sanction level is two;
19-12 (2) for the second offense, the sanction level is
19-13 three; and
19-14 (3) for the third offense, the sanction level is four.
19-15 SECTION 18. Section 521.145, Transportation Code, is amended
19-16 to read as follows:
19-17 Sec. 521.145. APPLICATION BY PERSON UNDER 18 YEARS OF AGE
19-18 [MINOR]. (a) The application of an applicant under 18 years of
19-19 age must be signed by:
19-20 (1) the parent or guardian who has custody of the
19-21 applicant; or
19-22 (2) if the applicant has no parent or guardian:
19-23 (A) the applicant's employer; or
19-24 (B) the county judge of the county in which the
19-25 applicant resides.
20-1 (b) The department shall provide the applicant and the
20-2 cosignor with information concerning state laws relating to driving
20-3 while intoxicated, driving by a minor with alcohol in the minor's
20-4 system, and implied consent. The applicant and cosignor must
20-5 acknowledge receipt of this information.
20-6 SECTION 19. Subsection (a), Section 521.342, Transportation
20-7 Code, is amended to read as follows:
20-8 (a) The license of a person who was under 21 years of age at
20-9 the time of the offense, other than an offense classified as a
20-10 misdemeanor punishable by fine only, is automatically suspended on
20-11 conviction of:
20-12 (1) an offense under Section 49.04 or 49.07, Penal
20-13 Code, committed as a result of the introduction of alcohol into the
20-14 body;
20-15 (2) an offense under the Alcoholic Beverage Code,
20-16 other than an offense to which Section 106.071 of that code
20-17 applies, involving the manufacture, delivery, possession,
20-18 transportation, or use of an alcoholic beverage;
20-19 (3) a misdemeanor offense under Chapter 481, Health
20-20 and Safety Code, for which Subchapter P does not require the
20-21 automatic suspension of the license;
20-22 (4) an offense under Chapter 483, Health and Safety
20-23 Code, involving the manufacture, delivery, possession,
20-24 transportation, or use of a dangerous drug; or
20-25 (5) an offense under Chapter 484, Health and Safety
21-1 Code, involving the manufacture, delivery, possession,
21-2 transportation, or use of a volatile chemical.
21-3 SECTION 20. Section 524.001, Transportation Code, is amended
21-4 to read as follows:
21-5 Sec. 524.001. DEFINITIONS. In this chapter:
21-6 (1) "Adult" means an individual 21 years of age or
21-7 older.
21-8 (2) "Alcohol concentration" has the meaning assigned
21-9 by Section 49.01, Penal Code.
21-10 (3) [(2)] "Alcohol-related or drug-related enforcement
21-11 contact" means a driver's license suspension, disqualification, or
21-12 prohibition order under the laws of this state or another state
21-13 resulting from:
21-14 (A) a conviction of an offense prohibiting the
21-15 operation of a motor vehicle while:
21-16 (i) intoxicated;
21-17 (ii) under the influence of alcohol; or
21-18 (iii) under the influence of a controlled
21-19 substance;
21-20 (B) a refusal to submit to the taking of a
21-21 breath or blood specimen following an arrest for an offense
21-22 prohibiting the operation of a motor vehicle while:
21-23 (i) intoxicated;
21-24 (ii) under the influence of alcohol; or
21-25 (iii) under the influence of a controlled
22-1 substance; or
22-2 (C) an analysis of a breath or blood specimen
22-3 showing an alcohol concentration of a level specified by Section
22-4 49.01, Penal Code, following an arrest for an offense prohibiting
22-5 the operation of a motor vehicle while intoxicated.
22-6 (4) "Arrest" includes taking into custody of a child,
22-7 as defined by Section 51.02, Family Code.
22-8 (5) "Conviction" includes an adjudication under Title
22-9 3, Family Code.
22-10 (6) "Criminal charge" includes a charge that may
22-11 result in a proceeding under Title 3, Family Code.
22-12 (7) "Criminal prosecution" includes a proceeding under
22-13 Title 3, Family Code.
22-14 (8) [(3)] "Department" means the Department of Public
22-15 Safety.
22-16 (9) [(4)] "Director" means the public safety director
22-17 of the department.
22-18 (10) [(5)] "Driver's license" has the meaning assigned
22-19 by Section 521.001.
22-20 (11) "Minor" means an individual under 21 years of
22-21 age.
22-22 (12) [(6)] "Public place" has the meaning assigned by
22-23 Section 1.07(a), Penal Code.
22-24 SECTION 21. Section 524.011, Transportation Code, is amended
22-25 to read as follows:
23-1 Sec. 524.011. ARRESTING OFFICER'S DUTIES FOR DRIVER'S
23-2 LICENSE SUSPENSION. (a) An officer arresting a person shall
23-3 comply with Subsection (b) if:
23-4 (1) the [If a] person is arrested for an offense under
23-5 Section 49.04, Penal Code, or an offense under Section 49.07 or
23-6 49.08 of that code involving the operation of a motor vehicle,
23-7 submits to the taking of a specimen of breath or blood and an
23-8 analysis of the specimen shows the person had an alcohol
23-9 concentration of a level specified by Section 49.01(2)(B), Penal
23-10 Code; or
23-11 (2) the person is a minor arrested for an offense
23-12 under Section 106.041, Alcoholic Beverage Code, or Section 49.04,
23-13 Penal Code, or an offense under Section 49.07 or 49.08, Penal Code,
23-14 involving the operation of a motor vehicle and:
23-15 (A) the minor is not requested to submit to the
23-16 taking of a specimen; or
23-17 (B) the minor submits to the taking of a
23-18 specimen and an analysis of the specimen shows that the minor had
23-19 an alcohol concentration of greater than .00 but less than the
23-20 level specified by Section 49.01(2)(B), Penal Code.
23-21 (b) The [, the] arresting officer shall:
23-22 (1) serve or, if a specimen is taken and the analysis
23-23 of the specimen is not returned to the arresting officer before the
23-24 person is admitted to bail, released from custody, delivered as
23-25 provided by Title 3, Family Code, or committed to jail, attempt to
24-1 serve notice of driver's license suspension by personally
24-2 delivering the notice to the arrested person; and
24-3 (2) send to the department not later than the fifth
24-4 business day after the date of the arrest:
24-5 (A) a copy of the driver's license suspension
24-6 notice; and
24-7 (B) a sworn report of information relevant to
24-8 the arrest.
24-9 (c) [(b)] The report required under Subsection (b)(2)(B)
24-10 [(a)(2)(B)] must:
24-11 (1) identify the arrested person;
24-12 (2) state the arresting officer's grounds for
24-13 believing the person committed the offense;
24-14 (3) give the analysis of the specimen if any; and
24-15 (4) include a copy of the criminal complaint filed in
24-16 the case, if any.
24-17 (d) [(c)] An arresting officer shall make the report on a
24-18 form approved by the department and in the manner specified by the
24-19 department.
24-20 (e) [(d)] The department shall develop a form for the notice
24-21 of driver's license suspension that shall be used by all state and
24-22 local law enforcement agencies.
24-23 SECTION 22. Subsections (b) and (c), Section 524.012,
24-24 Transportation Code, are amended to read as follows:
24-25 (b) The department shall suspend the person's driver's
25-1 license if the department determines that:
25-2 (1) the person had an alcohol concentration of a level
25-3 specified by Section 49.01(2)(B), Penal Code, while operating a
25-4 motor vehicle in a public place; or
25-5 (2) the person is a minor and had any detectable
25-6 amount of alcohol in the minor's system while operating a motor
25-7 vehicle in a public place.
25-8 (c) The department may not suspend a person's driver's
25-9 license if:
25-10 (1) the person is an adult and the analysis of the
25-11 person's breath or blood specimen determined that the person had an
25-12 alcohol concentration of a level below that specified by Section
25-13 49.01(2)(B), Penal Code, at the time the specimen was taken; or
25-14 (2) the person is a minor and the department does not
25-15 determine that the minor had any detectable amount of alcohol in
25-16 the minor's system when the minor was arrested.
25-17 SECTION 23. Subsection (b), Section 524.015, Transportation
25-18 Code, is amended to read as follows:
25-19 (b) A suspension may not be imposed under this chapter on a
25-20 person who is acquitted of a criminal charge under Section 49.04,
25-21 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage
25-22 Code, arising from the occurrence that was the basis for the
25-23 suspension. If a suspension was imposed before the acquittal, the
25-24 department shall rescind the suspension and shall remove any
25-25 reference to the suspension from the person's computerized driving
26-1 record.
26-2 SECTION 24. Section 524.022, Transportation Code, is amended
26-3 to read as follows:
26-4 Sec. 524.022. PERIOD OF SUSPENSION. (a) A period of
26-5 suspension under this chapter for an adult is:
26-6 (1) 60 days if the person's driving record shows no
26-7 alcohol-related or drug-related enforcement contact during the five
26-8 years preceding the date of the person's arrest;
26-9 (2) 120 days if the person's driving record shows one
26-10 or more alcohol-related or drug-related enforcement contacts, as
26-11 defined by Section 524.001(2)(B) or (C), during the five years
26-12 preceding the date of the person's arrest; or
26-13 (3) 180 days if the person's driving record shows one
26-14 or more alcohol-related or drug-related enforcement contacts, as
26-15 defined by Section 524.001(2)(A), during the five years preceding
26-16 the date of the person's arrest.
26-17 (b) A period of suspension under this chapter for a minor
26-18 is:
26-19 (1) 120 days if the minor has not been previously
26-20 convicted of an offense under Section 106.041, Alcoholic Beverage
26-21 Code, or Section 49.04, Penal Code, or an offense under Section
26-22 49.07 or 49.08, Penal Code, involving the operation of a motor
26-23 vehicle;
26-24 (2) 150 days if the minor has been previously
26-25 convicted once of an offense listed by Subdivision (1); or
27-1 (3) 180 days if the minor has been previously
27-2 convicted twice or more of an offense listed by Subdivision (1).
27-3 (c) A minor whose driver's license is suspended under this
27-4 chapter is not eligible for an occupational license under
27-5 Subchapter L, Chapter 521, for:
27-6 (1) the first 30 days of a suspension under Subsection
27-7 (b)(1);
27-8 (2) the first 90 days of a suspension under Subsection
27-9 (b)(2); or
27-10 (3) the entire period of a suspension under Subsection
27-11 (b)(3).
27-12 SECTION 25. Section 524.023, Transportation Code, is amended
27-13 to read as follows:
27-14 Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
27-15 (a) If a person is convicted of an offense under Section 106.041,
27-16 Alcoholic Beverage Code, or Section 49.04, 49.07, or 49.08, Penal
27-17 Code, and if any conduct on which that conviction is based is a
27-18 ground for a driver's license suspension under this chapter and
27-19 Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter
27-20 521, or Subchapter H, Chapter 522, each of the suspensions shall be
27-21 imposed.
27-22 (b) The court imposing a driver's license suspension under
27-23 Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
27-24 required by Subsection (a) shall credit a period of suspension
27-25 imposed under this chapter toward the period of suspension required
28-1 under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
28-2 Chapter 521, or Subchapter H, Chapter 522, unless the person was
28-3 convicted of an offense under Article 6701l-1, Revised Statutes, as
28-4 that law existed before September 1, 1994, Section 19.05(a)(2),
28-5 Penal Code, as that law existed before September 1, 1994, [or]
28-6 Section 49.04, 49.07, or 49.08, Penal Code, or Section 106.041,
28-7 Alcoholic Beverage Code, before the date of the conviction on which
28-8 the suspension is based, in which event credit may not be given.
28-9 SECTION 26. Subsections (a) and (d), Section 524.035,
28-10 Transportation Code, are amended to read as follows:
28-11 (a) The issues that must be proved at a hearing by a
28-12 preponderance of the evidence are:
28-13 (1) whether:
28-14 (A) [(1)] the person had an alcohol
28-15 concentration of a level specified by Section 49.01(2)(B), Penal
28-16 Code, while operating a motor vehicle in a public place; or
28-17 (B) the person is a minor and had any detectable
28-18 amount of alcohol in the minor's system while operating a motor
28-19 vehicle in a public place; and
28-20 (2) whether reasonable suspicion to stop or probable
28-21 cause to arrest the person existed.
28-22 (d) An administrative law judge may not find in the
28-23 affirmative on the issue in Subsection (a)(1) if:
28-24 (1) the person is an adult and the analysis of the
28-25 person's breath or blood determined that the person had an alcohol
29-1 concentration of a level below that specified by Section 49.01,
29-2 Penal Code, at the time the specimen was taken; or
29-3 (2) the person is a minor and the administrative law
29-4 judge does not find that the minor had any detectable amount of
29-5 alcohol in the minor's system when the minor was arrested.
29-6 SECTION 27. Subsection (a), Section 524.042, Transportation
29-7 Code, is amended to read as follows:
29-8 (a) A suspension of a driver's license under this chapter is
29-9 stayed on the filing of an appeal petition only if:
29-10 (1) the person's driver's license has not been
29-11 suspended as a result of an alcohol-related or drug-related
29-12 enforcement contact during the five years preceding the date of the
29-13 person's arrest; and
29-14 (2) the person has not been convicted during the 10
29-15 years preceding the date of the person's arrest of an offense
29-16 under:
29-17 (A) Article 6701l-1, Revised Statutes, as that
29-18 law existed before September 1, 1994;
29-19 (B) Section 19.05(a)(2), Penal Code, as that law
29-20 existed before September 1, 1994;
29-21 (C) Section 49.04, Penal Code; [or]
29-22 (D) Section 49.07 or 49.08, Penal Code, if the
29-23 offense involved the operation of a motor vehicle; or
29-24 (E) Section 106.041, Alcoholic Beverage Code.
29-25 SECTION 28. Subsection (d), Section 524.043, Transportation
30-1 Code, is amended to read as follows:
30-2 (d) An administrative law judge may change a finding or
30-3 decision as to whether the person had an alcohol concentration of a
30-4 level specified in Section 49.01, Penal Code, or whether a minor
30-5 had any detectable amount of alcohol in the minor's system because
30-6 of the additional evidence and shall file the additional evidence
30-7 and any changes, new findings, or decisions with the reviewing
30-8 court.
30-9 SECTION 29. Section 601.340, Transportation Code, is amended
30-10 by amending Subsection (a) and adding Subsection (c) to read as
30-11 follows:
30-12 (a) Except as provided by Subsection (b) or (c), the
30-13 department shall suspend the registration of each motor vehicle
30-14 registered in the name of a person if the department:
30-15 (1) under any state law, suspends or revokes the
30-16 person's driver's license on receipt of a record of a conviction or
30-17 a forfeiture of bail; or
30-18 (2) receives a record of a guilty plea of the person
30-19 entered for an offense for which the department would be required
30-20 to suspend the driver's license of a person convicted of the
30-21 offense.
30-22 (c) This section does not apply to a suspension of a
30-23 driver's license for an offense under Chapter 106, Alcoholic
30-24 Beverage Code, other than an offense that includes confinement as
30-25 an authorized sanction.
31-1 SECTION 30. Section 724.001, Transportation Code, is amended
31-2 to read as follows:
31-3 Sec. 724.001. DEFINITIONS. In this chapter:
31-4 (1) "Alcohol concentration" has the meaning assigned
31-5 by Section 49.01, Penal Code.
31-6 (2) "Arrest" includes taking into custody of a child,
31-7 as defined by Section 51.02, Family Code.
31-8 (3) "Controlled substance" has the meaning assigned by
31-9 Section 481.002, Health and Safety Code.
31-10 (4) "Criminal charge" includes a charge that may
31-11 result in a proceeding under Title 3, Family Code.
31-12 (5) "Criminal proceeding" includes a proceeding under
31-13 Title 3, Family Code.
31-14 (6) [(3)] "Dangerous drug" has the meaning assigned by
31-15 Section 483.001, Health and Safety Code.
31-16 (7) [(4)] "Department" means the Department of Public
31-17 Safety.
31-18 (8) [(5)] "Drug" has the meaning assigned by Section
31-19 481.002, Health and Safety Code.
31-20 (9) [(6)] "Intoxicated" has the meaning assigned by
31-21 Section 49.01, Penal Code.
31-22 (10) [(7)] "License" has the meaning assigned by
31-23 Section 521.001.
31-24 (11) [(8)] "Operate" means to drive or be in actual
31-25 control of a motor vehicle or watercraft.
32-1 (12) [(9)] "Public place" has the meaning assigned by
32-2 Section 1.07, Penal Code.
32-3 SECTION 31. Subsection (a), Section 724.011, Transportation
32-4 Code, is amended to read as follows:
32-5 (a) If a person is arrested for an offense arising out of
32-6 acts alleged to have been committed while the person was operating
32-7 a motor vehicle in a public place, or a watercraft, while
32-8 intoxicated, or an offense under Section 106.041, Alcoholic
32-9 Beverage Code, the person is deemed to have consented, subject to
32-10 this chapter, to submit to the taking of one or more specimens of
32-11 the person's breath or blood for analysis to determine the alcohol
32-12 concentration or the presence in the person's body of a controlled
32-13 substance, drug, dangerous drug, or other substance.
32-14 SECTION 32. Subsection (a), Section 724.012, Transportation
32-15 Code, is amended to read as follows:
32-16 (a) One or more specimens of a person's breath or blood may
32-17 be taken if the person is arrested and at the request of a peace
32-18 officer having reasonable grounds to believe the person:
32-19 (1) while intoxicated was operating a motor vehicle in
32-20 a public place, or a watercraft; or
32-21 (2) was in violation of Section 106.041, Alcoholic
32-22 Beverage Code.
32-23 SECTION 33. Section 724.015, Transportation Code, is amended
32-24 to read as follows:
32-25 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
33-1 REQUESTING SPECIMEN. Before requesting a person to submit to the
33-2 taking of a specimen, the officer shall inform the person orally
33-3 and in writing that:
33-4 (1) if the person refuses to submit to the taking of
33-5 the specimen, that refusal may be admissible in a subsequent
33-6 prosecution;
33-7 (2) if the person refuses to submit to the taking of
33-8 the specimen, the person's license to operate a motor vehicle will
33-9 be automatically suspended, whether or not the person is
33-10 subsequently prosecuted as a result of the arrest, for:
33-11 (A) not less than 90 days if the person is 21
33-12 years of age or older; or
33-13 (B) one year if the person is younger than 21
33-14 years of age;
33-15 (3) if the person is 21 years of age or older and
33-16 submits to the taking of a specimen designated by the officer and
33-17 an analysis of the specimen shows the person had an alcohol
33-18 concentration of a level specified by Chapter 49, Penal Code, the
33-19 person's license to operate a motor vehicle will be automatically
33-20 suspended for not less than 60 days, whether or not the person is
33-21 subsequently prosecuted as a result of the arrest;
33-22 (4) if the person is younger than 21 years of age and
33-23 has any detectable amount of alcohol in the person's system, the
33-24 person's license to operate a motor vehicle will be automatically
33-25 suspended for not less than 120 days even if the person submits to
34-1 the taking of the specimen, but that if the person submits to the
34-2 taking of the specimen and an analysis of the specimen shows that
34-3 the person had an alcohol concentration less than the level
34-4 specified by Chapter 49, Penal Code, the person may be subject to
34-5 criminal penalties less severe than those provided under that
34-6 chapter;
34-7 (5) if the officer determines that the person is a
34-8 resident without a license to operate a motor vehicle in this
34-9 state, the department will deny to the person the issuance of a
34-10 license, whether or not the person is subsequently prosecuted as a
34-11 result of the arrest, under the same conditions and for the same
34-12 periods that would have applied to a revocation of the person's
34-13 driver's license if the person had held a driver's license issued
34-14 by this state [if:]
34-15 [(A) the person refuses to submit to the taking
34-16 of a specimen, in which case the denial is for:]
34-17 [(i) not less than 90 days if the person
34-18 is 21 years of age or older; or]
34-19 [(ii) one year if the person is younger
34-20 than 21 years of age; or]
34-21 [(B) a specimen designated by the officer is
34-22 taken and an analysis of the specimen shows the person had an
34-23 alcohol concentration of a level specified by Section 49.01(2)(B),
34-24 Penal Code, in which case the denial is for not less than 60 days];
34-25 and
35-1 (6) [(5)] the person has a right to a hearing on the
35-2 suspension or denial if, not later than the 15th day after the date
35-3 on which the person receives the notice of suspension or denial or
35-4 on which the person is considered to have received the notice by
35-5 mail as provided by law, the department receives, at its
35-6 headquarters in Austin, a written demand, including a facsimile
35-7 transmission, or a request in another form prescribed by the
35-8 department for the hearing.
35-9 SECTION 34. Subsections (b) and (c), Section 724.035,
35-10 Transportation Code, are amended to read as follows:
35-11 (b) The period of suspension or denial is 180 days if the
35-12 person is 21 years of age or older and the person's driving record
35-13 shows one or more alcohol-related or drug-related enforcement
35-14 contacts, as defined by Section 524.001(3)(B) or (C) [524.001],
35-15 during the five years preceding the date of the person's arrest.
35-16 (c) The period of suspension or denial is one year if the
35-17 person is 21 years of age or older and the person's driving record
35-18 shows one or more alcohol-related or drug-related enforcement
35-19 contacts, as defined by Section 524.001(3)(A) [524.001], during the
35-20 five years preceding the date of the person's arrest.
35-21 SECTION 35. Subsection (c), Section 724.048, Transportation
35-22 Code, is amended to read as follows:
35-23 (c) If a criminal charge arising from the same arrest as a
35-24 suspension under this chapter [under Chapter 49, Penal Code,]
35-25 results in an acquittal, the [a] suspension under this chapter may
36-1 not be imposed. If a suspension under this chapter has already
36-2 been imposed, the department shall rescind the suspension and
36-3 remove references to the suspension from the computerized driving
36-4 record of the individual.
36-5 SECTION 36. Section 724.064, Transportation Code, is amended
36-6 to read as follows:
36-7 Sec. 724.064. ADMISSIBILITY IN CRIMINAL PROCEEDING OF
36-8 SPECIMEN ANALYSIS. On the trial of a criminal proceeding arising
36-9 out of an offense under Chapter 49, Penal Code, involving the
36-10 operation of a motor vehicle or a watercraft, or an offense under
36-11 Section 106.041, Alcoholic Beverage Code, evidence of the alcohol
36-12 concentration or presence of a controlled substance, drug,
36-13 dangerous drug, or other substance as shown by analysis of a
36-14 specimen of the person's blood, breath, or urine or any other
36-15 bodily substance taken at the request or order of a peace officer
36-16 is admissible.
36-17 SECTION 37. Subsection (a), Article 4.11, Code of Criminal
36-18 Procedure, is amended to read as follows:
36-19 (a) Justices of the peace shall have original jurisdiction
36-20 in criminal cases:
36-21 (1) punishable by fine only[;] or
36-22 [(2)] punishable by:
36-23 (A) a fine; and
36-24 (B) as authorized by statute, a sanction not
36-25 consisting of confinement or imprisonment that is rehabilitative or
37-1 remedial in nature; or
37-2 (2) arising under Chapter 106, Alcoholic Beverage
37-3 Code, that do not include confinement as an authorized sanction.
37-4 SECTION 38. Subsection (b), Article 4.14, Code of Criminal
37-5 Procedure, is amended to read as follows:
37-6 (b) The municipal court shall have concurrent jurisdiction
37-7 with the justice court of a precinct in which the municipality is
37-8 located in all criminal cases arising under state law that:
37-9 (1) arise within the territorial limits of the
37-10 municipality[;] and
37-11 [(2)] are punishable by fine only, as defined in
37-12 Subsection (c) of this article; or
37-13 (2) arise under Chapter 106, Alcoholic Beverage Code,
37-14 and do not include confinement as an authorized sanction.
37-15 SECTION 39. Subsection (b), Section 29.003, Government Code,
37-16 is amended to read as follows:
37-17 (b) The municipal court has concurrent jurisdiction with the
37-18 justice court of a precinct in which the municipality is located in
37-19 all criminal cases arising under state law that:
37-20 (1) arise within the territorial limits of the
37-21 municipality[;] and
37-22 [(2)] are punishable only by a fine, as defined in
37-23 Subsection (c) of this section; or
37-24 (2) arise under Chapter 106, Alcoholic Beverage Code,
37-25 and do not include confinement as an authorized sanction.
38-1 SECTION 40. Section 521.298, Transportation Code, is
38-2 repealed.
38-3 SECTION 41. (a) The changes in law made by this Act apply
38-4 only to an offense committed on or after the effective date of this
38-5 Act. For the purposes of this section, an offense is committed
38-6 before the effective date of this Act if any element of the offense
38-7 occurs before that date.
38-8 (b) An offense committed before the effective date of this
38-9 Act is covered by the law in effect when the offense was committed,
38-10 and the former law is continued in effect for that purpose.
38-11 SECTION 42. This Act takes effect September 1, 1997.
38-12 SECTION 43. The importance of this legislation and the
38-13 crowded condition of the calendars in both houses create an
38-14 emergency and an imperative public necessity that the
38-15 constitutional rule requiring bills to be read on three several
38-16 days in each house be suspended, and this rule is hereby suspended.