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.