By Nelson S.B. No. 42
75R1171 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of an offense
1-3 involving the operation of a motor vehicle by a person under the
1-4 age of 21 while under the influence of alcohol or certain
1-5 substances; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 49.01, Penal Code, is amended to read as
1-8 follows:
1-9 Sec. 49.01. DEFINITIONS. In this chapter:
1-10 (1) "Alcohol concentration" means the number of grams
1-11 of alcohol per:
1-12 (A) 210 liters of breath;
1-13 (B) 100 milliliters of blood; or
1-14 (C) 67 milliliters of urine.
1-15 (2) "Intoxicated" means:
1-16 (A) not having the normal use of mental or
1-17 physical faculties by reason of the introduction of alcohol, a
1-18 controlled substance, a drug, a dangerous drug, a combination of
1-19 two or more of those substances, or any other substance into the
1-20 body; or
1-21 (B) having an alcohol concentration of 0.10 or
1-22 more.
1-23 (3) "Motor vehicle" has the meaning assigned by
1-24 Section 32.34(a).
2-1 (4) "Under the influence of alcohol" means having an
2-2 alcohol concentration of more than 0.00 but less than 0.10.
2-3 (5) "Watercraft" means a vessel, one or more water
2-4 skis, an aquaplane, or another device used for transporting or
2-5 carrying a person on water, other than a device propelled only by
2-6 the current of water.
2-7 SECTION 2. Chapter 49, Penal Code, is amended by adding
2-8 Section 49.035 to read as follows:
2-9 Sec. 49.035. OPERATION OF A MOTOR VEHICLE BY MINOR UNDER THE
2-10 INFLUENCE OF ALCOHOL OR OTHER SUBSTANCE. (a) A person younger
2-11 than 21 years of age commits an offense if the person operates a
2-12 motor vehicle in a public place and is under the influence of a
2-13 substance described by Section 49.01(2)(A).
2-14 (b) Except as provided by Subsection (c) and Section 49.09,
2-15 an offense under this section is a Class B misdemeanor, with a
2-16 minimum term of confinement of 72 hours.
2-17 (c) If it is shown on the trial of an offense under this
2-18 section that at the time of the offense the person operating the
2-19 motor vehicle had an open container of alcohol in the person's
2-20 immediate possession, the offense is a Class B misdemeanor, with a
2-21 minimum term of confinement of six days.
2-22 SECTION 3. Sections 49.09(a)-(e), Penal Code, are amended to
2-23 read as follows:
2-24 (a) If it is shown on the trial of an offense under Section
2-25 49.035, 49.04, 49.05, or 49.06 that the person has previously been
2-26 convicted one time of an offense relating to the operating of a
2-27 motor vehicle while intoxicated, an offense of operating an
3-1 aircraft while intoxicated, or an offense of operating a watercraft
3-2 while intoxicated, the offense is a Class A misdemeanor, with a
3-3 minimum term of confinement of 30 days.
3-4 (b) If it is shown on the trial of an offense under Section
3-5 49.035, 49.04, 49.05, or 49.06 that the person has previously been
3-6 convicted two times of an offense relating to the operating of a
3-7 motor vehicle while intoxicated, an offense of operating an
3-8 aircraft while intoxicated, or an offense of operating a watercraft
3-9 while intoxicated, the offense is a felony of the third degree.
3-10 (c) For the purposes of this section:
3-11 (1) "Offense relating to the operating of a motor
3-12 vehicle while intoxicated" means:
3-13 (A) an offense under Section 49.035 or 49.04;
3-14 (B) an offense under Section 49.07 or 49.08, if
3-15 the vehicle operated was a motor vehicle;
3-16 (C) an offense under Article 6701l-1, Revised
3-17 Statutes, as that law existed before September 1, 1994;
3-18 (D) an offense under Article 6701l-2, Revised
3-19 Statutes, as that law existed before January 1, 1984;
3-20 (E) an offense under Section 19.05(a)(2), as
3-21 that law existed before September 1, 1994, if the vehicle operated
3-22 was a motor vehicle; or
3-23 (F) an offense under the laws of another state
3-24 that prohibit the operation of a motor vehicle while intoxicated.
3-25 (2) "Offense of operating an aircraft while
3-26 intoxicated" means:
3-27 (A) an offense under Section 49.05;
4-1 (B) an offense under Section 49.07 or 49.08, if
4-2 the vehicle operated was an aircraft;
4-3 (C) an offense under Section 1, Chapter 46, Acts
4-4 of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
4-5 Vernon's Texas Civil Statutes), as that law existed before
4-6 September 1, 1994;
4-7 (D) an offense under Section 19.05(a)(2), as
4-8 that law existed before September 1, 1994, if the vehicle operated
4-9 was an aircraft; or
4-10 (E) an offense under the laws of another state
4-11 that prohibit the operation of an aircraft while intoxicated.
4-12 (3) "Offense of operating a watercraft while
4-13 intoxicated" means:
4-14 (A) an offense under Section 49.06;
4-15 (B) an offense under Section 49.07 or 49.08, if
4-16 the vehicle operated was a watercraft;
4-17 (C) an offense under Section 31.097, Parks and
4-18 Wildlife Code, as that law existed before September 1, 1994;
4-19 (D) an offense under Section 19.05(a)(2), as
4-20 that law existed before September 1, 1994, if the vehicle operated
4-21 was a watercraft; or
4-22 (E) an offense under the laws of another state
4-23 that prohibit the operation of a watercraft while intoxicated.
4-24 (d) For the purposes of this section, a conviction for an
4-25 offense under Section 49.035, 49.04, 49.05, 49.06, 49.07, or 49.08
4-26 that occurs on or after September 1, 1994, is a final conviction,
4-27 whether the sentence for the conviction is imposed or probated.
5-1 (e) A conviction may not be used for purposes of enhancement
5-2 under this section if:
5-3 (1) the conviction was a final conviction under
5-4 Subsection (d) and was for an offense committed more than 10 years
5-5 before the offense for which the person is being tried was
5-6 committed; and
5-7 (2) the person has not been convicted of an offense
5-8 under Section 49.035, 49.04, 49.05, 49.06, 49.07, or 49.08 or any
5-9 offense related to operating a motor vehicle while intoxicated
5-10 committed within 10 years before the date on which the offense for
5-11 which the person is being tried was committed.
5-12 SECTION 4. Section 49.10, Penal Code, is amended to read as
5-13 follows:
5-14 Sec. 49.10. NO DEFENSE. In a prosecution under Section
5-15 49.03, 49.035, 49.04, 49.05, 49.06, 49.07, or 49.08, the fact that
5-16 the defendant is or has been entitled to use the alcohol,
5-17 controlled substance, drug, dangerous drug, or other substance is
5-18 not a defense.
5-19 SECTION 5. Section 724.011(a), Transportation Code, is
5-20 amended to read as follows:
5-21 (a) If a person is arrested for an offense arising out of
5-22 acts alleged to have been committed while the person was operating
5-23 a motor vehicle in a public place, or a watercraft, while
5-24 intoxicated, or operating a motor vehicle in violation of Section
5-25 49.035, Penal Code, the person is deemed to have consented, subject
5-26 to this chapter, to submit to the taking of one or more specimens
5-27 of the person's breath or blood for analysis to determine the
6-1 alcohol concentration or the presence in the person's body of a
6-2 controlled substance, drug, dangerous drug, or other substance.
6-3 SECTION 6. Section 724.012(a), Transportation Code, is
6-4 amended to read as follows:
6-5 (a) One or more specimens of a person's breath or blood may
6-6 be taken if the person is arrested and at the request of a peace
6-7 officer having reasonable grounds to believe the person:
6-8 (1) while intoxicated was operating a motor vehicle in
6-9 a public place, or a watercraft; or
6-10 (2) was operating a motor vehicle in violation of
6-11 Section 49.035, Penal Code.
6-12 SECTION 7. Section 724.032(b), Transportation Code, is
6-13 amended to read as follows:
6-14 (b) The director must approve the form of the refusal
6-15 report. The report must:
6-16 (1) show the grounds for the officer's belief that the
6-17 person had been operating a motor vehicle while intoxicated or in
6-18 violation of Section 49.035, Penal Code; and
6-19 (2) contain a copy of:
6-20 (A) the refusal statement requested under
6-21 Section 724.031; or
6-22 (B) a statement signed by the officer that the
6-23 person refused to:
6-24 (i) submit to the taking of the requested
6-25 specimen; and
6-26 (ii) sign the requested statement under
6-27 Section 724.031.
7-1 SECTION 8. Section 724.042, Transportation Code, is amended
7-2 to read as follows:
7-3 Sec. 724.042. Issues at Hearing. The issues at a hearing
7-4 under this subchapter are whether:
7-5 (1) reasonable suspicion or probable cause existed to
7-6 stop or arrest the person;
7-7 (2) probable cause existed to believe that the person
7-8 was operating a motor vehicle in a public place while intoxicated
7-9 or in violation of Section 49.035, Penal Code;
7-10 (3) the person was placed under arrest by the officer
7-11 and was requested to submit to the taking of a specimen; and
7-12 (4) the person refused to submit to the taking of a
7-13 specimen on request of the officer.
7-14 SECTION 9. (a) Section 521.342(a), Transportation Code, is
7-15 amended to conform to Section 77, Chapter 318, Acts of the 74th
7-16 Legislature, Regular Session, 1995, and further amended to read as
7-17 follows:
7-18 (a) Except as provided by Section 521.344, the [The] license
7-19 of a person who was under 21 years of age at the time of the
7-20 offense, other than an offense classified as a misdemeanor
7-21 punishable by fine only, is automatically suspended on conviction
7-22 of:
7-23 (1) an offense under Section 49.04 or 49.07, Penal
7-24 Code, committed as a result of the introduction of alcohol into the
7-25 body or an offense under Section 49.035 of that code;
7-26 (2) an offense under the Alcoholic Beverage Code
7-27 involving the manufacture, delivery, possession, transportation, or
8-1 use of an alcoholic beverage;
8-2 (3) a misdemeanor offense under Chapter 481, Health
8-3 and Safety Code, for which Subchapter P does not require the
8-4 automatic suspension of the license;
8-5 (4) an offense under Chapter 483, Health and Safety
8-6 Code, involving the manufacture, delivery, possession,
8-7 transportation, or use of a dangerous drug; or
8-8 (5) an offense under Chapter 484, Health and Safety
8-9 Code, involving the manufacture, delivery, possession,
8-10 transportation, or use of a volatile chemical.
8-11 (b) Section 77, Chapter 318, Acts of the 74th Legislature,
8-12 Regular Session, 1995, is repealed.
8-13 SECTION 10. This Act takes effect September 1, 1997.
8-14 SECTION 11. The importance of this legislation and the
8-15 crowded condition of the calendars in both houses create an
8-16 emergency and an imperative public necessity that the
8-17 constitutional rule requiring bills to be read on three several
8-18 days in each house be suspended, and this rule is hereby suspended.