SRC-JJJ S.B. 302 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 302
76R3708 JD-DBy: Lucio
Criminal Justice
2/10/1999
As Filed


DIGEST 

Currently, Texas law includes in the definition of "intoxication" an
alcohol concentration of 0.10 or more, and on a third or subsequent
conviction of operating a motor vehicle while intoxicated a judge or the
county may to revoke the person's license.  Texas law also states that
submitting to the taking of a specimen is not mandatory.  This bill would
lower the blood alcohol content for repeat offenders to 0.08,  establish
that refusal to submit a specimen upon request by a peace officer would
result in a Class B misdemeanor, impound the person's car upon the person's
third DWI conviction, and require a person's license to be suspended for
five years upon a fourth DWI conviction. 

PURPOSE

As proposed, S.B. 302 establishes criminal and civil consequences of
operating a motor vehicle, a watercraft, or an aircraft while intoxicated. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.01(2), Penal Code, to redefine "intoxicated."

SECTION 2.  Amends Section 49.08(b), Penal Code, to establish that an
offense under this section is a felony of the second degree, except as
provided by Section 49.09. 

SECTION 3.  Amends Section 49.09, Penal Code, by adding Subsection (g), to
establish that an offense is a felony of the first degree, if it is shown
on the trial of an offense under Section 49.08 that the person has
previously been convicted of an offense relating to the operation of a
motor vehicle, an aircraft, or a watercraft while intoxicated. 

SECTION 4.  Amends Chapter 49, Penal Code, by adding Section 49.095, as
follows: 

Sec. 49.095.  IMPOUNDMENT OF MOTOR VEHICLE.  Requires the court, upon a
third or subsequent conviction of operating a motor vehicle while
intoxicated, to order the sheriff of the county that has jurisdiction to
impound for 30 days a vehicle operated by the defendant at the time of the
offense if the defendant meets certain conditions.  Prohibits the court
from approving the release of the vehicle unless the defendant applies to
the court for the vehicle's release and provides certain evidence that
complies with Section 601.053, Transportation Code.  Requires an insurance
binder, offered as evidence of financial responsibility, to confirm to the
court that the defendant is in compliance with Chapter 601, Transportation
Code.  Requires the court to impose on the defendant a cost of $15 a day
for each day of impoundment.  Requires the owner to apply to the court for
permission to transfer title on the vehicle.  Requires the court, if there
is a finding that the transfer is being made in good faith, to approve the
transfer.  Requires the court, notwithstanding Subsection (b), to release
the impounded motor vehicle, if while the vehicle is impounded the title
the vehicle is transferred by certain actions.  Requires the sheriff to
release the impounded vehicle under certain conditions.  Establishes that
impoundment of a vehicle under this section is in addition to  any other
punishment imposed under this chapter.   
 
SECTION 5.  Amends Section 521.341, Transportation Code, as follows:

Sec. 521.341.  New heading:  REQUIREMENTS FOR AUTOMATIC LICENSE SUSPENSION
OR REVOCATION.  Establishes that a license is automatically revoked for
five years on a final conviction of the license holder of a third or
subsequent offense under certain sections of the Penal Code.  Makes
conforming changes. 

SECTION 6.  Amends Chapter 724B, Transportation Code, by adding Section
724.0135, as follows: 

Sec. 724.0135.  REFUSAL TO SUBMIT TO TAKING OF SPECIMEN; PENALTY.
Establishes that a person who refuses to submit to the taking of a specimen
designated by a peace officer commits an offense.  Establishes that the
offense under this section is a Class B misdemeanor.  Sets forth conditions
for the prosecution or conviction of a person under this section.   

SECTION 7.  Amends Section 724.015, Transportation Code, to require an
officer, before requesting a person to submit to the taking of a specimen,
to inform the person orally and in writing that the refusal to submit to
the taking of the specimen is a Class B misdemeanor.  Makes conforming
changes. 

SECTION 8.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 9.  Emergency clause.