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:
3-21 (1) an adjudication under Title 3, Family Code, that
3-22 the minor engaged in conduct described by this section is
3-23 considered a conviction of an offense under this section; and
3-24 (2) an order of deferred adjudication for an offense
3-25 alleged under this section is considered a conviction of an offense
4-1 under this section [Except as provided in Subsection (d) of this
4-2 section, a violation of this section is a misdemeanor punishable by
4-3 a fine of not less than $25 nor more than $200.]
4-4 [(d) If a person has been previously convicted of a
4-5 violation of this section, or of Section 106.02 or 106.05 of this
4-6 code, a violation is a misdemeanor punishable by a fine of not less
4-7 than $500 nor more than $1,000].
4-8 SECTION 5. Chapter 106, Alcoholic Beverage Code, is amended
4-9 by adding Section 106.041 to read as follows:
4-10 Sec. 106.041. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY
4-11 MINOR. (a) A minor commits an offense if the minor operates a
4-12 motor vehicle in a public place while having any detectable amount
4-13 of alcohol in the minor's system.
4-14 (b) Except as provided by Subsection (c), an offense under
4-15 this section is a Class C misdemeanor.
4-16 (c) If it is shown at the trial of the defendant that the
4-17 defendant is a minor who is not a child and who has been previously
4-18 convicted at least twice of an offense under this section, the
4-19 offense is punishable by:
4-20 (1) a fine of not less than $500 or more than $2,000;
4-21 (2) confinement in jail for a term not to exceed 180
4-22 days; or
4-23 (3) both the fine and confinement.
4-24 (d) In addition to any fine and any order issued under
4-25 Section 106.115, the court shall order a minor convicted of an
5-1 offense under this section to perform community service for:
5-2 (1) not less than 20 or more than 40 hours, if the
5-3 minor has not been previously convicted of an offense under this
5-4 section; or
5-5 (2) not less than 40 or more than 60 hours, if the
5-6 minor has been previously convicted of an offense under this
5-7 section.
5-8 (e) Community service ordered under this section must be
5-9 related to education about or prevention of misuse of alcohol.
5-10 (f) A minor who commits an offense under this section and
5-11 who has been previously convicted twice or more of offenses under
5-12 this section is not eligible for deferred adjudication.
5-13 (g) An offense under this section is not a lesser included
5-14 offense under Section 49.04, Penal Code.
5-15 (h) For the purpose of determining whether a minor has been
5-16 previously convicted of an offense under this section:
5-17 (1) an adjudication under Title 3, Family Code, that
5-18 the minor engaged in conduct described by this section is
5-19 considered a conviction under this section; and
5-20 (2) an order of deferred adjudication for an offense
5-21 alleged under this section is considered a conviction of an offense
5-22 under this section.
5-23 (i) A peace officer who is charging a minor with committing
5-24 an offense under this section is not required to take the minor
5-25 into custody but may issue a citation to the minor that contains
6-1 written notice of the time and place the minor must appear before a
6-2 magistrate, the name and address of the minor charged, and the
6-3 offense charged.
6-4 (j) In this section:
6-5 (1) "Child" has the meaning assigned by Section 51.02,
6-6 Family Code.
6-7 (2) "Motor vehicle" has the meaning assigned by
6-8 Section 32.34(a), Penal Code.
6-9 (3) "Public place" has the meaning assigned by Section
6-10 1.07, Penal Code.
6-11 SECTION 6. Section 106.05, Alcoholic Beverage Code, is
6-12 amended to read as follows:
6-13 Sec. 106.05. Possession of Alcohol by a Minor. (a) Except
6-14 as provided in Subsection (b) of this section, a minor commits an
6-15 offense if he possesses an alcoholic beverage.
6-16 (b) A minor may possess an alcoholic beverage:
6-17 (1) while in the course and scope of his employment if
6-18 he is an employee of a licensee or permittee and the employment is
6-19 not prohibited by this code; or
6-20 (2) if he is in the visible presence of his [an] adult
6-21 parent, guardian, or spouse, or other adult to whom he has been
6-22 committed by a court.
6-23 (c) An offense under this section is punishable as provided
6-24 by Section 106.071 [Except as provided in Subsection (d) of this
6-25 section, a violation of this section is a misdemeanor punishable by
7-1 a fine of not less than $25 nor more than $200.]
7-2 [(d) If a person has been previously convicted of a
7-3 violation of this section, or of Section 106.02 or 106.04 of this
7-4 code, a violation is a misdemeanor punishable by a fine of not less
7-5 than $500 nor more than $1,000].
7-6 SECTION 7. Subsection (c), Section 106.06, Alcoholic
7-7 Beverage Code, is amended to read as follows:
7-8 (c) An offense under this section is a Class B misdemeanor
7-9 [A violation of this section is a misdemeanor punishable by a fine
7-10 of not less than $100 nor more than $500].
7-11 SECTION 8. Section 106.07, Alcoholic Beverage Code, is
7-12 amended to read as follows:
7-13 Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. (a) A
7-14 minor commits an offense if he falsely states that he is 21 years
7-15 of age or older or presents any document that indicates he is 21
7-16 years of age or older to a person engaged in selling or serving
7-17 alcoholic beverages.
7-18 (b) An offense under this section is punishable as provided
7-19 by Section 106.071 [Except as provided in Subsection (c) of this
7-20 section, a violation of this section is a misdemeanor punishable by
7-21 a fine of not less than $25 nor more than $200.]
7-22 [(c) If a person has been previously convicted of a
7-23 violation of this section, a violation is a misdemeanor punishable
7-24 by a fine of not less than $100 nor more than $500].
7-25 SECTION 9. Chapter 106, Alcoholic Beverage Code, is amended
8-1 by adding Section 106.071 to read as follows:
8-2 Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY
8-3 MINOR. (a) This section applies to an offense under Section
8-4 106.02, 106.025, 106.04, 106.05, or 106.07.
8-5 (b) Except as provided by Subsection (c), an offense to
8-6 which this section applies is a Class C misdemeanor.
8-7 (c) If it is shown at the trial of the defendant that the
8-8 defendant is a minor who is not a child and who has been previously
8-9 convicted at least twice of an offense to which this section
8-10 applies, the offense is punishable by:
8-11 (1) a fine of not less than $250 or more than $2,000;
8-12 (2) confinement in jail for a term not to exceed 180
8-13 days; or
8-14 (3) both the fine and confinement.
8-15 (d) In addition to any fine and any order issued under
8-16 Section 106.115:
8-17 (1) the court shall order a minor convicted of an
8-18 offense to which this section applies to perform community service
8-19 for:
8-20 (A) not less than eight or more than 12 hours,
8-21 if the minor has not been previously convicted of an offense to
8-22 which this section applies; or
8-23 (B) not less than 20 or more than 40 hours, if
8-24 the minor has been previously convicted once of an offense to which
8-25 this section applies; and
9-1 (2) the court shall order the Department of Public
9-2 Safety to suspend the minor's driver's license or permit or, if the
9-3 minor does not have a driver's license or permit, to deny the
9-4 issuance of a driver's license or permit for:
9-5 (A) 30 days, if the minor has not been
9-6 previously convicted of an offense to which this section applies;
9-7 (B) 60 days, if the minor has been previously
9-8 convicted once of an offense to which this section applies; or
9-9 (C) 180 days, if the minor has been previously
9-10 convicted twice or more of an offense to which this section
9-11 applies.
9-12 (e) Community service ordered under this section must be
9-13 related to education about or prevention of misuse of alcohol.
9-14 (f) For the purpose of determining whether a minor has been
9-15 previously convicted of an offense to which this section applies:
9-16 (1) an adjudication under Title 3, Family Code, that
9-17 the minor engaged in conduct described by this section is
9-18 considered a conviction under this section; and
9-19 (2) an order of deferred adjudication for an offense
9-20 alleged under this section is considered a conviction of an offense
9-21 under this section.
9-22 (g) In this section, "child" has the meaning assigned by
9-23 Section 51.02, Family Code.
9-24 SECTION 10. Section 106.115, Alcoholic Beverage Code, is
9-25 amended to read as follows:
10-1 Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE;
10-2 LICENSE SUSPENSION. (a) On [Except as provided by Subsection (b),
10-3 on] conviction of a minor of an offense under Section 106.02,
10-4 106.025, 106.04, 106.041, [or] 106.05, or 106.07, the court, in
10-5 addition to assessing a fine as provided by those sections, shall
10-6 require a [the] defendant who has not been previously convicted of
10-7 an offense under one of those sections to attend an alcohol
10-8 awareness course approved by the Texas Commission on Alcohol and
10-9 Drug Abuse. If the defendant has been previously convicted once or
10-10 more of an offense under one or more of those sections, the court
10-11 may require the defendant to attend the alcohol awareness course.
10-12 If the defendant is younger than 18 years of age, the court may
10-13 require the parent or guardian of the defendant to attend the
10-14 course with the defendant.
10-15 (b) [If the defendant resides in a rural or other area in
10-16 which access to an alcohol awareness course is not readily
10-17 available, the court shall require the defendant to perform eight
10-18 to 12 hours of community service instead of participating in an
10-19 alcohol awareness course.]
10-20 [(c)] When requested, an alcohol awareness course may be
10-21 taught in languages other than English.
10-22 (c) [(d)] The court shall require the defendant to present
10-23 to the court, within 90 days of the date of final conviction,
10-24 evidence in the form prescribed by the court that the defendant, as
10-25 ordered by the court, has satisfactorily completed an alcohol
11-1 awareness course or performed the required hours of community
11-2 service. For good cause the court may extend this period by not
11-3 more than 90 days. If the defendant presents the required evidence
11-4 within the prescribed period, the court may reduce the assessed
11-5 fine to an amount equal to no less than one-half of the amount of
11-6 the initial fine.
11-7 (d) [(e)] If the defendant does not present the required
11-8 evidence within the prescribed period, the court shall order the
11-9 Department of Public Safety to suspend the defendant's driver's
11-10 license or permit for a period not to exceed six months or, if the
11-11 defendant does not have a license or permit, to deny the issuance
11-12 of a license or permit to the defendant for that period.
11-13 (e) [(f)] The Department of Public Safety shall send notice
11-14 of the suspension or prohibition order issued under Subsection (d)
11-15 [(e)] by certified mail, return receipt requested, to the
11-16 defendant. The notice must include the date of the suspension or
11-17 prohibition order, the reason for the suspension or prohibition,
11-18 and the period covered by the suspension or prohibition.
11-19 SECTION 11. Chapter 106, Alcoholic Beverage Code, is amended
11-20 by adding Sections 106.116 and 106.117 to read as follows:
11-21 Sec. 106.116. REPORTS OF COURT TO COMMISSION. Unless the
11-22 clerk is otherwise required to include the information in a report
11-23 submitted under Section 101.09, the clerk of a court, including a
11-24 justice court, municipal court, or juvenile court, shall furnish to
11-25 the commission on request a notice of a conviction of an offense
12-1 under this chapter or an adjudication under Title 3, Family Code,
12-2 for conduct that constitutes an offense under this chapter. The
12-3 report must be in the form prescribed by the commission.
12-4 Sec. 106.117. REPORT OF COURT TO DEPARTMENT OF PUBLIC
12-5 SAFETY. (a) Each court, including a justice court, municipal
12-6 court, or juvenile court, shall furnish to the Department of Public
12-7 Safety a notice of each:
12-8 (1) adjudication under Title 3, Family Code, for
12-9 conduct that constitutes an offense under this chapter;
12-10 (2) conviction of an offense under this chapter;
12-11 (3) order of deferred adjudication for an offense
12-12 alleged under this chapter; and
12-13 (4) acquittal of an offense under Section 106.041.
12-14 (b) The notice must be in a form prescribed by the
12-15 Department of Public Safety and must contain the driver's license
12-16 number of the defendant, if the defendant holds a driver's license.
12-17 (c) The Department of Public Safety shall maintain
12-18 appropriate records of information in the notices and shall provide
12-19 the information to law enforcement agencies and courts as necessary
12-20 to enable those agencies and courts to carry out their official
12-21 duties. The information is admissible in any action in which it is
12-22 relevant. A person who holds a driver's license having the same
12-23 number that is contained in a record maintained under this section
12-24 is presumed to be the person to whom the record relates. The
12-25 presumption may be rebutted only by evidence presented under oath.
13-1 (d) The information maintained under this section is
13-2 confidential and may not be disclosed except as provided by this
13-3 section. A provision of Chapter 58, Family Code, or other law
13-4 limiting collection or reporting of information on a juvenile or
13-5 other minor or requiring destruction of that information does not
13-6 apply to information reported and maintained under this section.
13-7 SECTION 12. Section 49.02, Penal Code, is amended by
13-8 amending Subsection (c) and adding Subsection (e) to read as
13-9 follows:
13-10 (c) Except as provided by Subsection (e), an [An] offense
13-11 under this section is a Class C misdemeanor.
13-12 (e) An offense under this section committed by a person
13-13 younger than 21 years of age is punishable in the same manner as if
13-14 the minor committed an offense to which Section 106.071, Alcoholic
13-15 Beverage Code, applies.
13-16 SECTION 13. Subdivision (15), Section 51.02, Family Code, is
13-17 amended to read as follows:
13-18 (15) "Status offender" means a child who is accused,
13-19 adjudicated, or convicted for conduct that would not, under state
13-20 law, be a crime if committed by an adult, including:
13-21 (A) truancy under Section 51.03(b)(2);
13-22 (B) running away from home under Section
13-23 51.03(b)(3);
13-24 (C) a fineable only offense under Section
13-25 51.03(b)(1) transferred to the juvenile court under Section
14-1 51.08(b), but only if the conduct constituting the offense would
14-2 not have been criminal if engaged in by an adult;
14-3 (D) failure to attend school under Section
14-4 4.251, Education Code;
14-5 (E) a violation of standards of student conduct
14-6 as described by Section 51.03(b)(5) [51.03(b)(6)];
14-7 (F) a violation of a juvenile curfew ordinance
14-8 or order;
14-9 (G) a violation of a provision of the Alcoholic
14-10 Beverage Code applicable to minors only; or
14-11 (H) a violation of any other fineable only
14-12 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
14-13 the conduct constituting the offense would not have been criminal
14-14 if engaged in by an adult.
14-15 SECTION 14. Subsections (a) and (b), Section 51.03, Family
14-16 Code, are amended to read as follows:
14-17 (a) Delinquent conduct is:
14-18 (1) conduct, other than a traffic offense, that
14-19 violates a penal law of this state or of the United States
14-20 punishable by imprisonment or by confinement in jail;
14-21 (2) conduct that violates a reasonable and lawful
14-22 order of a juvenile court entered under Section 54.04 or 54.05 of
14-23 this code, except an order prohibiting the following conduct:
14-24 (A) a violation of the penal laws of this state
14-25 of the grade of misdemeanor that is punishable by fine only or a
15-1 violation of the penal ordinances of any political subdivision of
15-2 this state;
15-3 (B) the unexcused voluntary absence of a child
15-4 from school; or
15-5 (C) the voluntary absence of a child from his
15-6 home without the consent of his parent or guardian for a
15-7 substantial length of time or without intent to return;
15-8 (3) conduct that violates a lawful order of a
15-9 municipal court or justice court under circumstances that would
15-10 constitute contempt of that court; [or]
15-11 (4) conduct that violates Section 49.04, 49.05, 49.06,
15-12 49.07, or 49.08, Penal Code; or
15-13 (5) conduct that violates Section 106.041, Alcoholic
15-14 Beverage Code, relating to driving under the influence of alcohol
15-15 by a minor [the laws of this state prohibiting driving while
15-16 intoxicated or under the influence of intoxicating liquor (third or
15-17 subsequent offense) or driving while under the influence of any
15-18 narcotic drug or of any other drug to the degree that renders the
15-19 child incapable of safely driving a vehicle] (third or subsequent
15-20 offense).
15-21 (b) Conduct indicating a need for supervision is:
15-22 (1) subject to Subsection (f) of this section,
15-23 conduct, other than a traffic offense, that violates:
15-24 (A) the penal laws of this state of the grade of
15-25 misdemeanor that are punishable by fine only; or
16-1 (B) the penal ordinances of any political
16-2 subdivision of this state;
16-3 (2) the unexcused voluntary absence of a child on 10
16-4 or more days or parts of days within a six-month period or three or
16-5 more days or parts of days within a four-week period from school
16-6 without the consent of his parents;
16-7 (3) the voluntary absence of a child from his home
16-8 without the consent of his parent or guardian for a substantial
16-9 length of time or without intent to return;
16-10 (4) [conduct which violates the laws of this state
16-11 prohibiting driving while intoxicated or under the influence of
16-12 intoxicating liquor (first or second offense) or driving while
16-13 under the influence of any narcotic drug or of any other drug to a
16-14 degree which renders him incapable of safely driving a vehicle
16-15 (first or second offense);]
16-16 [(5)] conduct prohibited by city ordinance or by state
16-17 law involving the inhalation of the fumes or vapors of paint and
16-18 other protective coatings or glue and other adhesives and the
16-19 volatile chemicals itemized in Section 484.002, Health and Safety
16-20 Code;
16-21 (5) [(6)] an act that violates a school district's
16-22 previously communicated written standards of student conduct for
16-23 which the child has been expelled under Section 21.3011, Education
16-24 Code; or
16-25 (6) [(7)] conduct that violates a reasonable and
17-1 lawful order of a court entered under Section 264.305.
17-2 SECTION 15. Section 52.02, Family Code, is amended by
17-3 amending Subsection (a) and adding Subsections (c) and (d) to read
17-4 as follows:
17-5 (a) Except as provided by Subsection (c), a [A] person
17-6 taking a child into custody, without unnecessary delay and without
17-7 first taking the child to any place other than a juvenile
17-8 processing office designated under Section 52.025 of this code,
17-9 shall do one of the following:
17-10 (1) release the child to a parent, guardian, custodian
17-11 of the child, or other responsible adult upon that person's promise
17-12 to bring the child before the juvenile court as requested by the
17-13 court;
17-14 (2) bring the child before the office or official
17-15 designated by the juvenile court if there is probable cause to
17-16 believe that the child engaged in delinquent conduct or conduct
17-17 indicating a need for supervision;
17-18 (3) bring the child to a detention facility designated
17-19 by the juvenile court;
17-20 (4) bring the child to a medical facility if the child
17-21 is believed to suffer from a serious physical condition or illness
17-22 that requires prompt treatment; or
17-23 (5) dispose of the case under Section 52.03 of this
17-24 code.
17-25 (c) A person who takes a child into custody and who has
18-1 reasonable grounds to believe that the child has been operating a
18-2 motor vehicle in a public place while having any detectable amount
18-3 of alcohol in the child's system may, before complying with
18-4 Subsection (a):
18-5 (1) take the child to a place to obtain a specimen of
18-6 the child's breath or blood as provided by Chapter 724,
18-7 Transportation Code; and
18-8 (2) perform intoxilyzer processing and videotaping of
18-9 the child in an adult processing office of a police department.
18-10 (d) Notwithstanding Section 51.09(a), a child taken into
18-11 custody as provided by Subsection (c) may submit to the taking of a
18-12 breath specimen or refuse to submit to the taking of a breath
18-13 specimen without the concurrence of an attorney, but only if the
18-14 request made of the child to give the specimen and the child's
18-15 response to that request is videotaped. A videotape made under
18-16 this subsection must be maintained until the disposition of any
18-17 proceeding against the child relating to the arrest is final and be
18-18 made available to an attorney representing the child during that
18-19 period.
18-20 SECTION 16. Section 53.03, Family Code, is amended by
18-21 amending Subsection (a) and adding Subsection (g) to read as
18-22 follows:
18-23 (a) Subject to Subsections [Subsection] (e) and (g), if the
18-24 preliminary investigation required by Section 53.01 of this code
18-25 results in a determination that further proceedings in the case are
19-1 authorized, the probation officer or other designated officer of
19-2 the court, subject to the direction of the juvenile court, may
19-3 advise the parties for a reasonable period of time not to exceed
19-4 six months concerning deferred prosecution and rehabilitation of a
19-5 child if:
19-6 (1) deferred prosecution would be in the interest of
19-7 the public and the child;
19-8 (2) the child and his parent, guardian, or custodian
19-9 consent with knowledge that consent is not obligatory; and
19-10 (3) the child and his parent, guardian, or custodian
19-11 are informed that they may terminate the deferred prosecution at
19-12 any point and petition the court for a court hearing in the case.
19-13 (g) Prosecution may not be deferred for a child alleged to
19-14 have engaged in conduct that:
19-15 (1) is an offense under Section 49.04, 49.05, 49.06,
19-16 49.07, or 49.08, Penal Code; or
19-17 (2) is a third or subsequent offense under Section
19-18 106.04 or 106.041, Alcoholic Beverage Code.
19-19 SECTION 17. Section 54.042, Family Code, is amended by
19-20 amending Subsections (a) and (c) and adding Subsection (f) to read
19-21 as follows:
19-22 (a) A juvenile court, in a disposition hearing under Section
19-23 54.04 of this code, shall:
19-24 (1) order the Department of Public Safety to suspend a
19-25 child's driver's license or permit, or if the child does not have a
20-1 license or permit, to deny the issuance of a license or permit to
20-2 the child if the court finds that the child has engaged in conduct
20-3 that violates a law of this state enumerated in Section 521.342,
20-4 Transportation Code [24(a-1), Chapter 173, Acts of the 47th
20-5 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
20-6 Civil Statutes)]; or
20-7 (2) notify the Department of Public Safety of the
20-8 adjudication, if the court finds that the child has engaged in
20-9 conduct that violates a law of this state enumerated in Section
20-10 521.372, Transportation Code [24B(b), Chapter 173, Acts of the 47th
20-11 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
20-12 Civil Statutes)].
20-13 (c) A child whose driver's license or permit has been
20-14 suspended or denied pursuant to this section may, if the child is
20-15 otherwise eligible for, and fulfils the requirements for issuance
20-16 of, a provisional driver's license or permit under Chapter 521,
20-17 Transportation Code [173, Acts of the 47th Legislature, Regular
20-18 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
20-19 Statutes)], apply for and receive an occupational license in
20-20 accordance with the provisions of Subchapter L, Chapter 521,
20-21 Transportation Code [Section 23A, Chapter 173, Acts of the 47th
20-22 Legislature, Regular Session, 1941, as amended (Article 6687b,
20-23 Vernon's Texas Civil Statutes)].
20-24 (f) If a child is adjudicated for conduct that violates
20-25 Section 49.04, 49.07, or 49.08, Penal Code, and if any conduct on
21-1 which that adjudication is based is a ground for a driver's license
21-2 suspension under Chapter 524 or 724, Transportation Code, each of
21-3 the suspensions shall be imposed. The court imposing a driver's
21-4 license suspension under this section shall credit a period of
21-5 suspension imposed under Chapter 524 or 724, Transportation Code,
21-6 toward the period of suspension required under this section, except
21-7 that if the child was previously adjudicated for conduct that
21-8 violates Section 49.04, 49.07, or 49.08, Penal Code, credit may not
21-9 be given.
21-10 SECTION 18. Chapter 54, Family Code, is amended by adding
21-11 Section 54.046 to read as follows:
21-12 Sec. 54.046. ALCOHOL-RELATED OFFENSE. If the court or jury
21-13 finds at an adjudication hearing for a child that the child engaged
21-14 in conduct indicating a need for supervision or delinquent conduct
21-15 that violates the alcohol-related offenses in Section 106.02,
21-16 106.025, 106.04, 106.05, or 106.07, Alcoholic Beverage Code, or
21-17 Section 49.02, Penal Code, the court shall, subject to a finding
21-18 under Section 54.04(c), order, in addition to any other order
21-19 authorized by this title, that, in the manner provided by Section
21-20 106.071(d), Alcoholic Beverage Code:
21-21 (1) the child perform community service; and
21-22 (2) the child's driver's license or permit be
21-23 suspended or that the child be denied issuance of a driver's
21-24 license or permit.
21-25 SECTION 19. Section 521.145, Transportation Code, is amended
22-1 to read as follows:
22-2 Sec. 521.145. APPLICATION BY PERSON UNDER 18 YEARS OF AGE
22-3 [MINOR]. (a) The application of an applicant under 18 years of
22-4 age must be signed by:
22-5 (1) the parent or guardian who has custody of the
22-6 applicant; or
22-7 (2) if the applicant has no parent or guardian:
22-8 (A) the applicant's employer; or
22-9 (B) the county judge of the county in which the
22-10 applicant resides.
22-11 (b) The department shall provide the applicant and the
22-12 cosigner with information concerning state laws relating to driving
22-13 while intoxicated, driving by a minor with alcohol in the minor's
22-14 system, and implied consent. The applicant and cosigner must
22-15 acknowledge receipt of this information.
22-16 SECTION 20. Subsection (a), Section 521.342, Transportation
22-17 Code, is amended to read as follows:
22-18 (a) The license of a person who was under 21 years of age at
22-19 the time of the offense, other than an offense classified as a
22-20 misdemeanor punishable by fine only, is automatically suspended on
22-21 conviction of:
22-22 (1) an offense under Section 49.04 or 49.07, Penal
22-23 Code, committed as a result of the introduction of alcohol into the
22-24 body;
22-25 (2) an offense under the Alcoholic Beverage Code,
23-1 other than an offense to which Section 106.071 of that code
23-2 applies, involving the manufacture, delivery, possession,
23-3 transportation, or use of an alcoholic beverage;
23-4 (3) a misdemeanor offense under Chapter 481, Health
23-5 and Safety Code, for which Subchapter P does not require the
23-6 automatic suspension of the license;
23-7 (4) an offense under Chapter 483, Health and Safety
23-8 Code, involving the manufacture, delivery, possession,
23-9 transportation, or use of a dangerous drug; or
23-10 (5) an offense under Chapter 484, Health and Safety
23-11 Code, involving the manufacture, delivery, possession,
23-12 transportation, or use of a volatile chemical.
23-13 SECTION 21. Section 524.001, Transportation Code, is amended
23-14 to read as follows:
23-15 Sec. 524.001. DEFINITIONS. In this chapter:
23-16 (1) "Adult" means an individual 21 years of age or
23-17 older.
23-18 (2) "Alcohol concentration" has the meaning assigned
23-19 by Section 49.01, Penal Code.
23-20 (3) [(2)] "Alcohol-related or drug-related enforcement
23-21 contact" means a driver's license suspension, disqualification, or
23-22 prohibition order under the laws of this state or another state
23-23 resulting from:
23-24 (A) a conviction of an offense prohibiting the
23-25 operation of a motor vehicle while:
24-1 (i) intoxicated;
24-2 (ii) under the influence of alcohol; or
24-3 (iii) under the influence of a controlled
24-4 substance;
24-5 (B) a refusal to submit to the taking of a
24-6 breath or blood specimen following an arrest for an offense
24-7 prohibiting the operation of a motor vehicle while:
24-8 (i) intoxicated;
24-9 (ii) under the influence of alcohol; or
24-10 (iii) under the influence of a controlled
24-11 substance; or
24-12 (C) an analysis of a breath or blood specimen
24-13 showing an alcohol concentration of a level specified by Section
24-14 49.01, Penal Code, following an arrest for an offense prohibiting
24-15 the operation of a motor vehicle while intoxicated.
24-16 (4) "Arrest" includes the taking into custody of a
24-17 child, as defined by Section 51.02, Family Code.
24-18 (5) "Conviction" includes an adjudication under Title
24-19 3, Family Code.
24-20 (6) "Criminal charge" includes a charge that may
24-21 result in a proceeding under Title 3, Family Code.
24-22 (7) "Criminal prosecution" includes a proceeding under
24-23 Title 3, Family Code.
24-24 (8) [(3)] "Department" means the Department of Public
24-25 Safety.
25-1 (9) [(4)] "Director" means the public safety director
25-2 of the department.
25-3 (10) [(5)] "Driver's license" has the meaning assigned
25-4 by Section 521.001.
25-5 (11) "Minor" means an individual under 21 years of
25-6 age.
25-7 (12) [(6)] "Public place" has the meaning assigned by
25-8 Section 1.07(a), Penal Code.
25-9 SECTION 22. Section 524.011, Transportation Code, is amended
25-10 to read as follows:
25-11 Sec. 524.011. ARRESTING OFFICER'S DUTIES FOR DRIVER'S
25-12 LICENSE SUSPENSION. (a) An officer arresting a person shall
25-13 comply with Subsection (b) if:
25-14 (1) the [If a] person is arrested for an offense under
25-15 Section 49.04, Penal Code, or an offense under Section 49.07 or
25-16 49.08 of that code involving the operation of a motor vehicle,
25-17 submits to the taking of a specimen of breath or blood and an
25-18 analysis of the specimen shows the person had an alcohol
25-19 concentration of a level specified by Section 49.01(2)(B), Penal
25-20 Code; or
25-21 (2) the person is a minor arrested for an offense
25-22 under Section 106.041, Alcoholic Beverage Code, or Section 49.04,
25-23 Penal Code, or an offense under Section 49.07 or 49.08, Penal Code,
25-24 involving the operation of a motor vehicle and:
25-25 (A) the minor is not requested to submit to the
26-1 taking of a specimen; or
26-2 (B) the minor submits to the taking of a
26-3 specimen and an analysis of the specimen shows that the minor had
26-4 an alcohol concentration of greater than .00 but less than the
26-5 level specified by Section 49.01(2)(B), Penal Code.
26-6 (b) The[, the] arresting officer shall:
26-7 (1) serve or, if a specimen is taken and the analysis
26-8 of the specimen is not returned to the arresting officer before the
26-9 person is admitted to bail, released from custody, delivered as
26-10 provided by Title 3, Family Code, or committed to jail, attempt to
26-11 serve notice of driver's license suspension by personally
26-12 delivering the notice to the arrested person; and
26-13 (2) send to the department not later than the fifth
26-14 business day after the date of the arrest:
26-15 (A) a copy of the driver's license suspension
26-16 notice; and
26-17 (B) a sworn report of information relevant to
26-18 the arrest.
26-19 (c) [(b)] The report required under Subsection (b)(2)(B)
26-20 [(a)(2)(B)] must:
26-21 (1) identify the arrested person;
26-22 (2) state the arresting officer's grounds for
26-23 believing the person committed the offense;
26-24 (3) give the analysis of the specimen if any; and
26-25 (4) include a copy of the criminal complaint filed in
27-1 the case, if any.
27-2 (d) [(c)] An arresting officer shall make the report on a
27-3 form approved by the department and in the manner specified by the
27-4 department.
27-5 (e) [(d)] The department shall develop a form for the notice
27-6 of driver's license suspension that shall be used by all state and
27-7 local law enforcement agencies.
27-8 SECTION 23. Subsections (b) and (c), Section 524.012,
27-9 Transportation Code, are amended to read as follows:
27-10 (b) The department shall suspend the person's driver's
27-11 license if the department determines that:
27-12 (1) the person had an alcohol concentration of a level
27-13 specified by Section 49.01(2)(B), Penal Code, while operating a
27-14 motor vehicle in a public place; or
27-15 (2) the person is a minor and had any detectable
27-16 amount of alcohol in the minor's system while operating a motor
27-17 vehicle in a public place.
27-18 (c) The department may not suspend a person's driver's
27-19 license if:
27-20 (1) the person is an adult and the analysis of the
27-21 person's breath or blood specimen determined that the person had an
27-22 alcohol concentration of a level below that specified by Section
27-23 49.01(2)(B), Penal Code, at the time the specimen was taken; or
27-24 (2) the person is a minor and the department does not
27-25 determine that the minor had any detectable amount of alcohol in
28-1 the minor's system when the minor was arrested.
28-2 SECTION 24. Subsection (b), Section 524.015, Transportation
28-3 Code, is amended to read as follows:
28-4 (b) A suspension may not be imposed under this chapter on a
28-5 person who is acquitted of a criminal charge under Section 49.04,
28-6 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage
28-7 Code, arising from the occurrence that was the basis for the
28-8 suspension. If a suspension was imposed before the acquittal, the
28-9 department shall rescind the suspension and shall remove any
28-10 reference to the suspension from the person's computerized driving
28-11 record.
28-12 SECTION 25. Section 524.022, Transportation Code, is amended
28-13 to read as follows:
28-14 Sec. 524.022. PERIOD OF SUSPENSION. (a) A period of
28-15 suspension under this chapter for an adult is:
28-16 (1) 60 days if the person's driving record shows no
28-17 alcohol-related or drug-related enforcement contact during the five
28-18 years preceding the date of the person's arrest;
28-19 (2) 120 days if the person's driving record shows one
28-20 or more alcohol-related or drug-related enforcement contacts, as
28-21 defined by Section 524.001(2)(B) or (C), during the five years
28-22 preceding the date of the person's arrest; or
28-23 (3) 180 days if the person's driving record shows one
28-24 or more alcohol-related or drug-related enforcement contacts, as
28-25 defined by Section 524.001(2)(A), during the five years preceding
29-1 the date of the person's arrest.
29-2 (b) A period of suspension under this chapter for a minor
29-3 is:
29-4 (1) 60 days if the minor has not been previously
29-5 convicted of an offense under Section 106.041, Alcoholic Beverage
29-6 Code, or Section 49.04, Penal Code, or an offense under Section
29-7 49.07 or 49.08, Penal Code, involving the operation of a motor
29-8 vehicle;
29-9 (2) 120 days if the minor has been previously
29-10 convicted once of an offense listed by Subdivision (1); or
29-11 (3) 180 days if the minor has been previously
29-12 convicted twice or more of an offense listed by Subdivision (1).
29-13 (c) For the purposes of determining whether a minor has been
29-14 previously convicted of an offense described by Subsection (b)(1):
29-15 (1) an adjudication under Title 3, Family Code, that
29-16 the minor engaged in conduct described by Subsection (b)(1) is
29-17 considered a conviction under that provision; and
29-18 (2) an order of deferred adjudication for an offense
29-19 alleged under a provision described by Subsection (b)(1) is
29-20 considered a conviction of an offense under that provision.
29-21 (d) A minor whose driver's license is suspended under this
29-22 chapter is not eligible for an occupational license under
29-23 Subchapter L, Chapter 521, for:
29-24 (1) the first 30 days of a suspension under Subsection
29-25 (b)(1);
30-1 (2) the first 90 days of a suspension under Subsection
30-2 (b)(2); or
30-3 (3) the entire period of a suspension under Subsection
30-4 (b)(3).
30-5 SECTION 26. Section 524.023, Transportation Code, is amended
30-6 to read as follows:
30-7 Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
30-8 (a) If a person is convicted of an offense under Section 106.041,
30-9 Alcoholic Beverage Code, or Section 49.04, 49.07, or 49.08, Penal
30-10 Code, and if any conduct on which that conviction is based is a
30-11 ground for a driver's license suspension under this chapter and
30-12 Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter
30-13 521, or Subchapter H, Chapter 522, each of the suspensions shall be
30-14 imposed.
30-15 (b) The court imposing a driver's license suspension under
30-16 Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
30-17 required by Subsection (a) shall credit a period of suspension
30-18 imposed under this chapter toward the period of suspension required
30-19 under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
30-20 Chapter 521, or Subchapter H, Chapter 522, unless the person was
30-21 convicted of an offense under Article 6701l-1, Revised Statutes, as
30-22 that law existed before September 1, 1994, Section 19.05(a)(2),
30-23 Penal Code, as that law existed before September 1, 1994, [or]
30-24 Section 49.04, 49.07, or 49.08, Penal Code, or Section 106.041,
30-25 Alcoholic Beverage Code, before the date of the conviction on which
31-1 the suspension is based, in which event credit may not be given.
31-2 SECTION 27. Subsections (a) and (d), Section 524.035,
31-3 Transportation Code, are amended to read as follows:
31-4 (a) The issues that must be proved at a hearing by a
31-5 preponderance of the evidence are:
31-6 (1) whether:
31-7 (A) [(1)] the person had an alcohol
31-8 concentration of a level specified by Section 49.01(2)(B), Penal
31-9 Code, while operating a motor vehicle in a public place; or
31-10 (B) the person is a minor and had any detectable
31-11 amount of alcohol in the minor's system while operating a motor
31-12 vehicle in a public place; and
31-13 (2) whether reasonable suspicion to stop or probable
31-14 cause to arrest the person existed.
31-15 (d) An administrative law judge may not find in the
31-16 affirmative on the issue in Subsection (a)(1) if:
31-17 (1) the person is an adult and the analysis of the
31-18 person's breath or blood determined that the person had an alcohol
31-19 concentration of a level below that specified by Section 49.01,
31-20 Penal Code, at the time the specimen was taken; or
31-21 (2) the person is a minor and the administrative law
31-22 judge does not find that the minor had any detectable amount of
31-23 alcohol in the minor's system when the minor was arrested.
31-24 SECTION 28. Subsection (a), Section 524.042, Transportation
31-25 Code, is amended to read as follows:
32-1 (a) A suspension of a driver's license under this chapter is
32-2 stayed on the filing of an appeal petition only if:
32-3 (1) the person's driver's license has not been
32-4 suspended as a result of an alcohol-related or drug-related
32-5 enforcement contact during the five years preceding the date of the
32-6 person's arrest; and
32-7 (2) the person has not been convicted during the 10
32-8 years preceding the date of the person's arrest of an offense
32-9 under:
32-10 (A) Article 6701l-1, Revised Statutes, as that
32-11 law existed before September 1, 1994;
32-12 (B) Section 19.05(a)(2), Penal Code, as that law
32-13 existed before September 1, 1994;
32-14 (C) Section 49.04, Penal Code; [or]
32-15 (D) Section 49.07 or 49.08, Penal Code, if the
32-16 offense involved the operation of a motor vehicle; or
32-17 (E) Section 106.041, Alcoholic Beverage Code.
32-18 SECTION 29. Subsection (d), Section 524.043, Transportation
32-19 Code, is amended to read as follows:
32-20 (d) An administrative law judge may change a finding or
32-21 decision as to whether the person had an alcohol concentration of a
32-22 level specified in Section 49.01, Penal Code, or whether a minor
32-23 had any detectable amount of alcohol in the minor's system because
32-24 of the additional evidence and shall file the additional evidence
32-25 and any changes, new findings, or decisions with the reviewing
33-1 court.
33-2 SECTION 30. Section 601.340, Transportation Code, is amended
33-3 by amending Subsection (a) and adding Subsection (c) to read as
33-4 follows:
33-5 (a) Except as provided by Subsection (b) or (c), the
33-6 department shall suspend the registration of each motor vehicle
33-7 registered in the name of a person if the department:
33-8 (1) under any state law, suspends or revokes the
33-9 person's driver's license on receipt of a record of a conviction or
33-10 a forfeiture of bail; or
33-11 (2) receives a record of a guilty plea of the person
33-12 entered for an offense for which the department would be required
33-13 to suspend the driver's license of a person convicted of the
33-14 offense.
33-15 (c) This section does not apply to a suspension of a
33-16 driver's license for an offense under Chapter 106, Alcoholic
33-17 Beverage Code, other than an offense that includes confinement as
33-18 an authorized sanction.
33-19 SECTION 31. Section 724.001, Transportation Code, is amended
33-20 to read as follows:
33-21 Sec. 724.001. DEFINITIONS. In this chapter:
33-22 (1) "Alcohol concentration" has the meaning assigned
33-23 by Section 49.01, Penal Code.
33-24 (2) "Arrest" includes the taking into custody of a
33-25 child, as defined by Section 51.02, Family Code.
34-1 (3) "Controlled substance" has the meaning assigned by
34-2 Section 481.002, Health and Safety Code.
34-3 (4) "Criminal charge" includes a charge that may
34-4 result in a proceeding under Title 3, Family Code.
34-5 (5) "Criminal proceeding" includes a proceeding under
34-6 Title 3, Family Code.
34-7 (6) [(3)] "Dangerous drug" has the meaning assigned by
34-8 Section 483.001, Health and Safety Code.
34-9 (7) [(4)] "Department" means the Department of Public
34-10 Safety.
34-11 (8) [(5)] "Drug" has the meaning assigned by Section
34-12 481.002, Health and Safety Code.
34-13 (9) [(6)] "Intoxicated" has the meaning assigned by
34-14 Section 49.01, Penal Code.
34-15 (10) [(7)] "License" has the meaning assigned by
34-16 Section 521.001.
34-17 (11) [(8)] "Operate" means to drive or be in actual
34-18 control of a motor vehicle or watercraft.
34-19 (12) [(9)] "Public place" has the meaning assigned by
34-20 Section 1.07, Penal Code.
34-21 SECTION 32. Subsection (a), Section 724.011, Transportation
34-22 Code, is amended to read as follows:
34-23 (a) If a person is arrested for an offense arising out of
34-24 acts alleged to have been committed while the person was operating
34-25 a motor vehicle in a public place, or a watercraft, while
35-1 intoxicated, or an offense under Section 106.041, Alcoholic
35-2 Beverage Code, the person is deemed to have consented, subject to
35-3 this chapter, to submit to the taking of one or more specimens of
35-4 the person's breath or blood for analysis to determine the alcohol
35-5 concentration or the presence in the person's body of a controlled
35-6 substance, drug, dangerous drug, or other substance.
35-7 SECTION 33. Subsection (a), Section 724.012, Transportation
35-8 Code, is amended to read as follows:
35-9 (a) One or more specimens of a person's breath or blood may
35-10 be taken if the person is arrested and at the request of a peace
35-11 officer having reasonable grounds to believe the person:
35-12 (1) while intoxicated was operating a motor vehicle in
35-13 a public place, or a watercraft; or
35-14 (2) was in violation of Section 106.041, Alcoholic
35-15 Beverage Code.
35-16 SECTION 34. Section 724.015, Transportation Code, is amended
35-17 to read as follows:
35-18 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
35-19 REQUESTING SPECIMEN. Before requesting a person to submit to the
35-20 taking of a specimen, the officer shall inform the person orally
35-21 and in writing that:
35-22 (1) if the person refuses to submit to the taking of
35-23 the specimen, that refusal may be admissible in a subsequent
35-24 prosecution;
35-25 (2) if the person refuses to submit to the taking of
36-1 the specimen, the person's license to operate a motor vehicle will
36-2 be automatically suspended, whether or not the person is
36-3 subsequently prosecuted as a result of the arrest, for:
36-4 (A) not less than 90 days if the person is 21
36-5 years of age or older; or
36-6 (B) not less than 120 days [one year] if the
36-7 person is younger than 21 years of age;
36-8 (3) if the person is 21 years of age or older and
36-9 submits to the taking of a specimen designated by the officer and
36-10 an analysis of the specimen shows the person had an alcohol
36-11 concentration of a level specified by Chapter 49, Penal Code, the
36-12 person's license to operate a motor vehicle will be automatically
36-13 suspended for not less than 60 days, whether or not the person is
36-14 subsequently prosecuted as a result of the arrest;
36-15 (4) if the person is younger than 21 years of age and
36-16 has any detectable amount of alcohol in the person's system, the
36-17 person's license to operate a motor vehicle will be automatically
36-18 suspended for not less than 60 days even if the person submits to
36-19 the taking of the specimen, but that if the person submits to the
36-20 taking of the specimen and an analysis of the specimen shows that
36-21 the person had an alcohol concentration less than the level
36-22 specified by Chapter 49, Penal Code, the person may be subject to
36-23 criminal penalties less severe than those provided under that
36-24 chapter;
36-25 (5) if the officer determines that the person is a
37-1 resident without a license to operate a motor vehicle in this
37-2 state, the department will deny to the person the issuance of a
37-3 license, whether or not the person is subsequently prosecuted as a
37-4 result of the arrest, under the same conditions and for the same
37-5 periods that would have applied to a revocation of the person's
37-6 driver's license if the person had held a driver's license issued
37-7 by this state [if:]
37-8 [(A) the person refuses to submit to the taking
37-9 of a specimen, in which case the denial is for:]
37-10 [(i) not less than 90 days if the person
37-11 is 21 years of age or older; or]
37-12 [(ii) one year if the person is younger
37-13 than 21 years of age; or]
37-14 [(B) a specimen designated by the officer is
37-15 taken and an analysis of the specimen shows the person had an
37-16 alcohol concentration of a level specified by Section 49.01(2)(B),
37-17 Penal Code, in which case the denial is for not less than 60 days];
37-18 and
37-19 (6) [(5)] the person has a right to a hearing on the
37-20 suspension or denial if, not later than the 15th day after the date
37-21 on which the person receives the notice of suspension or denial or
37-22 on which the person is considered to have received the notice by
37-23 mail as provided by law, the department receives, at its
37-24 headquarters in Austin, a written demand, including a facsimile
37-25 transmission, or a request in another form prescribed by the
38-1 department for the hearing.
38-2 SECTION 35. Subsections (a), (b), and (c), Section 724.035,
38-3 Transportation Code, are amended to read as follows:
38-4 (a) If a person refuses the request of a peace officer to
38-5 submit to the taking of a specimen, the department shall:
38-6 (1) suspend the person's license to operate a motor
38-7 vehicle on a public highway for 90 days if the person is 21 years
38-8 of age or older or 120 days [one year] if the person is younger
38-9 than 21 years of age; or
38-10 (2) if the person is a resident without a license,
38-11 issue an order denying the issuance of a license to the person for
38-12 90 days if the person is 21 years of age or older or 120 days [one
38-13 year] if the person is younger than 21 years of age.
38-14 (b) The period of suspension or denial is 180 days if the
38-15 person is 21 years of age or older or 240 days if the person is
38-16 younger than 21 years of age and the person's driving record shows
38-17 one or more alcohol-related or drug-related enforcement contacts,
38-18 as defined by Section 524.001(3)(B) or (C) [524.001], during the
38-19 five years preceding the date of the person's arrest.
38-20 (c) The period of suspension or denial is one year if the
38-21 person's driving record shows one or more alcohol-related or
38-22 drug-related enforcement contacts, as defined by Section
38-23 524.001(3)(A) [524.001], during the five years preceding the date
38-24 of the person's arrest.
38-25 SECTION 36. Subsection (c), Section 724.048, Transportation
39-1 Code, is amended to read as follows:
39-2 (c) If a criminal charge arising from the same arrest as a
39-3 suspension under this chapter [under Chapter 49, Penal Code,]
39-4 results in an acquittal, the [a] suspension under this chapter may
39-5 not be imposed. If a suspension under this chapter has already
39-6 been imposed, the department shall rescind the suspension and
39-7 remove references to the suspension from the computerized driving
39-8 record of the individual.
39-9 SECTION 37. Section 724.064, Transportation Code, is amended
39-10 to read as follows:
39-11 Sec. 724.064. ADMISSIBILITY IN CRIMINAL PROCEEDING OF
39-12 SPECIMEN ANALYSIS. On the trial of a criminal proceeding arising
39-13 out of an offense under Chapter 49, Penal Code, involving the
39-14 operation of a motor vehicle or a watercraft, or an offense under
39-15 Section 106.041, Alcoholic Beverage Code, evidence of the alcohol
39-16 concentration or presence of a controlled substance, drug,
39-17 dangerous drug, or other substance as shown by analysis of a
39-18 specimen of the person's blood, breath, or urine or any other
39-19 bodily substance taken at the request or order of a peace officer
39-20 is admissible.
39-21 SECTION 38. Subsection (a), Article 4.11, Code of Criminal
39-22 Procedure, is amended to read as follows:
39-23 (a) Justices of the peace shall have original jurisdiction
39-24 in criminal cases:
39-25 (1) punishable by fine only[;] or
40-1 [(2)] punishable by:
40-2 (A) a fine; and
40-3 (B) as authorized by statute, a sanction not
40-4 consisting of confinement or imprisonment that is rehabilitative or
40-5 remedial in nature; or
40-6 (2) arising under Chapter 106, Alcoholic Beverage
40-7 Code, that do not include confinement as an authorized sanction.
40-8 SECTION 39. Subsection (b), Article 4.14, Code of Criminal
40-9 Procedure, is amended to read as follows:
40-10 (b) The municipal court shall have concurrent jurisdiction
40-11 with the justice court of a precinct in which the municipality is
40-12 located in all criminal cases arising under state law that:
40-13 (1) arise within the territorial limits of the
40-14 municipality[;] and
40-15 [(2)] are punishable by fine only, as defined in
40-16 Subsection (c) of this article; or
40-17 (2) arise under Chapter 106, Alcoholic Beverage Code,
40-18 and do not include confinement as an authorized sanction.
40-19 SECTION 40. Subsection (b), Section 29.003, Government Code,
40-20 is amended to read as follows:
40-21 (b) The municipal court has concurrent jurisdiction with the
40-22 justice court of a precinct in which the municipality is located in
40-23 all criminal cases arising under state law that:
40-24 (1) arise within the territorial limits of the
40-25 municipality[;] and
41-1 [(2)] are punishable only by a fine, as defined in
41-2 Subsection (c) of this section; or
41-3 (2) arise under Chapter 106, Alcoholic Beverage Code,
41-4 and do not include confinement as an authorized sanction.
41-5 SECTION 41. Section 521.298, Transportation Code, is
41-6 repealed.
41-7 SECTION 42. (a) The changes in law made by this Act apply
41-8 only to an offense committed on or after the effective date of this
41-9 Act. For the purposes of this section, an offense is committed
41-10 before the effective date of this Act if any element of the offense
41-11 occurs before that date.
41-12 (b) An offense committed before the effective date of this
41-13 Act is covered by the law in effect when the offense was committed,
41-14 and the former law is continued in effect for that purpose.
41-15 SECTION 43. This Act takes effect September 1, 1997.
41-16 SECTION 44. The importance of this legislation and the
41-17 crowded condition of the calendars in both houses create an
41-18 emergency and an imperative public necessity that the
41-19 constitutional rule requiring bills to be read on three several
41-20 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 35
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 35 passed the Senate on
February 10, 1997, by a viva-voce vote; May 27, 1997, Senate
refused to concur in House amendments and requested appointment of
Conference Committee; May 29, 1997, House granted request of the
Senate; June 1, 1997, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 35 passed the House, with
amendments, on May 21, 1997, by a non-record vote; May 29, 1997,
House granted request of the Senate for appointment of Conference
Committee; June 1, 1997, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor