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.