By Carter H.B. No. 1927
76R3545 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the safe operation of vehicles on highways through the
1-3 enforcement of certain laws relating to the operation of a motor
1-4 vehicle while intoxicated and through drug and alcohol driving
1-5 awareness programs.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-8 by adding Chapter 64 to read as follows:
1-9 CHAPTER 64. SOBRIETY CHECKPOINTS
1-10 Art. 64.01. DEFINITIONS. In this chapter:
1-11 (1) "Highway or street" has the meaning assigned by
1-12 Section 541.302, Transportation Code.
1-13 (2) "Law enforcement agency" means:
1-14 (A) the Department of Public Safety of the State
1-15 of Texas;
1-16 (B) the sheriff's department of a county; or
1-17 (C) the police department of a municipality.
1-18 Art. 64.02. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law
1-19 enforcement agency may operate a temporary checkpoint as provided
1-20 by this chapter on a highway or street to determine whether persons
1-21 operating motor vehicles on the highway or street are intoxicated
1-22 and in violation of Section 49.04, Penal Code.
1-23 Art. 64.03. APPROVAL OF AND PROCEDURES FOR SOBRIETY
1-24 CHECKPOINTS. (a) A peace officer of at least the rank of
2-1 lieutenant or its equivalent in the law enforcement agency must
2-2 approve the operation of a checkpoint by peace officers of the
2-3 agency and the procedures to be used in the operation of the
2-4 checkpoint before the checkpoint begins operation.
2-5 (b) The law enforcement agency must record in writing the
2-6 procedures:
2-7 (1) used in selecting the site for the checkpoint; and
2-8 (2) to be used in the operation of the checkpoint.
2-9 (c) The procedures for the operation of a checkpoint must
2-10 ensure that the selection of motor vehicles to be stopped is
2-11 reasonably predictable and nonarbitrary.
2-12 (d) The law enforcement agency, in establishing the
2-13 location, time, and design of a checkpoint, shall consider the
2-14 safety of the public entering the checkpoint and the peace officers
2-15 operating the checkpoint. The law enforcement agency shall make
2-16 reasonable efforts to place signs or other devices to advise
2-17 operators of oncoming vehicles of the checkpoint and the purpose of
2-18 the checkpoint, to demarcate the checkpoint with flares, flags, or
2-19 traffic cones, and to otherwise illuminate the checkpoint as
2-20 necessary.
2-21 (e) The peace officer who makes the initial traffic
2-22 directive or other communication with the operator of a vehicle at
2-23 the checkpoint must be wearing a uniform of the law enforcement
2-24 agency that is distinguishable from civilian dress.
2-25 (f) The law enforcement agency shall establish procedures
2-26 governing the encounters between vehicle operators and the peace
2-27 officers to ensure that:
3-1 (1) an intrusion on the operator is minimized; and
3-2 (2) an inquiry is reasonably related to determining
3-3 whether the operator is intoxicated and in violation of Section
3-4 49.04, Penal Code.
3-5 (g) A peace officer may request a person operating a vehicle
3-6 at the checkpoint to display the person's driver's license and to
3-7 furnish evidence of financial responsibility as required by law. A
3-8 peace officer may not direct the operator of or a passenger in a
3-9 motor vehicle to leave the vehicle or move the vehicle off the
3-10 highway or street or routine checkpoint diversion route unless the
3-11 officer has reasonable suspicion or probable cause to believe that
3-12 the person has committed or is committing an offense. The design
3-13 of a checkpoint may require that each motor vehicle passing through
3-14 the checkpoint be diverted to a location adjacent to the highway or
3-15 street to ensure safety.
3-16 (h) A peace officer at the checkpoint may not require a
3-17 vehicle operator to perform a sobriety test unless the officer has
3-18 reasonable suspicion or probable cause to believe that the operator
3-19 is in violation of Section 49.04, Penal Code. A peace officer who
3-20 requires or requests an operator to provide a specimen of breath,
3-21 blood, or urine must comply with Chapter 724, Transportation Code.
3-22 (i) Unless a peace officer has reasonable suspicion or
3-23 probable cause to detain a vehicle operator or passenger for a
3-24 criminal offense, the time during which an officer makes an inquiry
3-25 of an operator or passenger should not exceed two minutes, and the
3-26 total time during which the operator must wait to pass through the
3-27 checkpoint should not exceed 10 minutes. The law enforcement
4-1 agency shall make reasonable efforts to reduce these periods to not
4-2 more than one and five minutes, respectively.
4-3 (j) The law enforcement agency shall make reasonable efforts
4-4 to publicize the operation of a checkpoint but is not required to
4-5 disclose the precise date, time, location, or purpose of the
4-6 checkpoint.
4-7 (k) A law enforcement agency may not operate a checkpoint at
4-8 one location for more than four hours and may not operate a
4-9 checkpoint at the same location more than twice in a seven-day
4-10 period. For the purposes of this subsection, checkpoints located
4-11 within one-half mile of each other are considered to be at the same
4-12 location. This subsection does not apply in an emergency.
4-13 (l) With the consent of the law enforcement agency that
4-14 employs the peace officer, a law enforcement agency that operates a
4-15 checkpoint may operate the checkpoint with the assistance of a
4-16 peace officer of another law enforcement agency.
4-17 (m) A law enforcement agency shall keep a record of the
4-18 operation of a checkpoint that contains:
4-19 (1) the date, time, location, and duration of the
4-20 checkpoint;
4-21 (2) the number of motor vehicles stopped at the
4-22 checkpoint and the number and nature of arrests made and citations
4-23 issued at the checkpoint; and
4-24 (3) the identities of the peace officers operating the
4-25 checkpoint.
4-26 Art. 64.04. REPORTS ON OPERATION OF SOBRIETY CHECKPOINTS.
4-27 (a) Not later than the third working day of each month, a law
5-1 enforcement agency shall report the operation of each checkpoint
5-2 during the preceding month to the traffic safety section of the
5-3 traffic operations division of the Texas Department of
5-4 Transportation at its offices in Austin.
5-5 (b) The traffic operations division is entitled to inspect
5-6 any information in the possession of the law enforcement agency
5-7 that relates to the operation of a sobriety checkpoint by the
5-8 agency.
5-9 (c) Not later than January 31, 2001, the traffic operations
5-10 division shall submit a report on the effectiveness of sobriety
5-11 checkpoints operated under this chapter to the governor, the
5-12 lieutenant governor, and the speaker of the house of
5-13 representatives. This subsection expires February 1, 2001.
5-14 SECTION 2. Section 521.251, Transportation Code, is amended
5-15 by redesignating Subsection (d) as Subsection (e) and adding a new
5-16 Subsection (d) to read as follows:
5-17 (d) Notwithstanding any other provision in this section, if
5-18 the person's driver's license has been suspended as a result of a
5-19 second or subsequent conviction under Section 49.04, 49.07, or
5-20 49.08, Penal Code, an order granting the person an occupational
5-21 license may not take effect before the first anniversary of the
5-22 effective date of the suspension.
5-23 (e) [(d)] For the purposes of this section, "alcohol-related
5-24 or drug-related enforcement contact" has the meaning assigned by
5-25 Section 524.001.
5-26 SECTION 3. The section heading to Section 521.344,
5-27 Transportation Code, and Subsections (a), (b), and (d) of that
6-1 section are amended to read as follows:
6-2 Sec. 521.344. SUSPENSION FOR OFFENSES INVOLVING INTOXICATION
6-3 [RELATED TO USE OF ALCOHOL]. (a) Except as provided by Sections
6-4 521.342(b) and 521.345, and by Subsections (d)-(i), if a person is
6-5 convicted of an offense under Section 49.04 or 49.07, Penal Code,
6-6 [that is committed as a result of the introduction of alcohol into
6-7 the body,] the license suspension:
6-8 (1) begins on a date set by the court that is not
6-9 earlier than the date of the conviction or later than the 30th day
6-10 after the date of the conviction, as determined by the court; and
6-11 (2) continues for a period set by the court according
6-12 to the following schedule:
6-13 (A) not less than 90 days or more than one year
6-14 if the person is punished under Section 49.04 or 49.07, Penal Code;
6-15 or
6-16 (B) not less than one year [180 days] or more
6-17 than two years, if the person is punished under Section 49.09,
6-18 Penal Code.
6-19 (b) Except as provided by Section 521.342(b), if a person is
6-20 convicted of an offense under Section 49.08, Penal Code, the
6-21 license suspension [begins]:
6-22 (1) begins on a date set by the court that is not
6-23 earlier than the date of the conviction or later than the 30th day
6-24 after the date of the conviction, as determined by the court; and
6-25 (2) continues for a period set by the court of not
6-26 less than one year [180 days] or more than two years.
6-27 (d) Except as provided by Subsection (e) and Section
7-1 521.342(b), during a period of probation the department may not
7-2 revoke the person's license if the person is required under Section
7-3 13(h) or (j), Article 42.12, Code of Criminal Procedure, to
7-4 successfully complete an educational program designed to
7-5 rehabilitate persons who have operated motor vehicles while
7-6 intoxicated, unless the person was punished under Section 49.09,
7-7 Penal Code. The department may not revoke the license of a person:
7-8 (1) for whom the jury has recommended that the license
7-9 not be revoked under Section 13(g), Article 42.12, Code of Criminal
7-10 Procedure; or
7-11 (2) who is placed under community supervision under
7-12 that article and is required as a condition of community
7-13 supervision to not operate a motor vehicle unless the vehicle is
7-14 equipped with the device described by Section 13(i) of that
7-15 article, unless the person was punished under Section 49.09, Penal
7-16 Code.
7-17 SECTION 4. Sections 13(g) and (k), Article 42.12, Code of
7-18 Criminal Procedure, are amended to read as follows:
7-19 (g) A jury that recommends community supervision for a
7-20 person convicted of an offense under Sections 49.04-49.08, Penal
7-21 Code, may recommend that any driver's license issued to the
7-22 defendant under Chapter 173, Acts of the 47th Legislature, Regular
7-23 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), not
7-24 be suspended. This subsection does not apply to a person punished
7-25 under Section 49.09, Penal Code.
7-26 (k) Notwithstanding Section 24(g), Chapter 173, Acts of the
7-27 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
8-1 Texas Civil Statutes), if the judge, under Subsection (h) or (j) of
8-2 this section, permits or requires a defendant punished under
8-3 Section 49.09, Penal Code, to attend an educational program as a
8-4 condition of community supervision, or waives the required
8-5 attendance for such a program, and the defendant has previously
8-6 been required to attend such a program, or the required attendance
8-7 at the program had been waived, the judge nonetheless shall order
8-8 the suspension of the driver's license, permit, or operating
8-9 privilege of that person for a period determined by the judge
8-10 according to the following schedule:
8-11 (1) not less than 90 days or more than 365 days, if
8-12 the defendant is convicted under Sections 49.04-49.08, Penal Code;
8-13 or
8-14 (2) not less than one year [180 days] or more than two
8-15 years, if the defendant is punished under Section 49.09, Penal
8-16 Code.
8-17 SECTION 5. Chapter 5, Title 70, Revised Statutes, is amended
8-18 by adding Article 4413(29aa) to read as follows:
8-19 Art. 4413(29aa). DRUG AND ALCOHOL DRIVING AWARENESS PROGRAMS
8-20 Sec. 1. The Texas Education Agency by rule shall adopt and
8-21 administer a drug and alcohol driving awareness program designed to
8-22 educate persons on the dangers caused by driving under the
8-23 influence of drugs or alcohol. The agency may impose reasonable
8-24 fees necessary to implement and administer the program.
8-25 Sec. 2. The program may include one or more courses. Each
8-26 course and the curriculum for the course must be certified by the
8-27 agency and include a minimum of six hours of instruction. The
9-1 agency shall prescribe the qualifications of and certify persons
9-2 who provide instruction in an approved course.
9-3 Sec. 3. The Texas Department of Insurance by rule may
9-4 provide that a person who successfully completes a course in drug
9-5 and alcohol driving awareness certified by the agency under this
9-6 article is eligible to receive at least a five percent discount on
9-7 the person's personal automobile insurance rates.
9-8 SECTION 6. (a) This Act takes effect September 1, 1999.
9-9 (b) The change in law made by Section 2 of this Act applies
9-10 only to a person who applies for an occupational driver's license
9-11 on or after September 1, 1999.
9-12 (c) The change in law made by Section 3 of this Act applies
9-13 only to the suspension of the driver's license of a person
9-14 convicted of an offense committed on or after September 1, 1999.
9-15 The suspension of the driver's license of a person convicted of an
9-16 offense that was committed before September 1, 1999, is governed by
9-17 the law in effect on the date the offense was committed, and the
9-18 former law is continued in effect for that purpose.
9-19 (d) The change in law made by Section 4 of this Act applies
9-20 only to a person placed on community supervision or assigned to
9-21 community service for an offense committed on or after September 1,
9-22 1999. A person placed on community supervision or assigned to
9-23 community service for an offense that was committed before
9-24 September 1, 1999, is governed by the law in effect on the date the
9-25 offense was committed, and the former law is continued in effect
9-26 for that purpose.
9-27 (e) For the purposes of this section, an offense is
10-1 committed before September 1, 1999, if any element of the offense
10-2 occurs before that date.
10-3 SECTION 7. The importance of this legislation and the
10-4 crowded condition of the calendars in both houses create an
10-5 emergency and an imperative public necessity that the
10-6 constitutional rule requiring bills to be read on three several
10-7 days in each house be suspended, and this rule is hereby suspended.