By Swinford H.B. No. 2256
76R7051 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to indicating on a driver's license that the holder of the
1-3 license is a person convicted of certain intoxication offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 42, Code of Criminal Procedure, is
1-6 amended by adding Article 42.016 to read as follows:
1-7 Art. 42.016. SPECIAL DRIVER'S LICENSE FOR PERSONS CONVICTED
1-8 OF CERTAIN INTOXICATION OFFENSES. On conviction of a defendant for
1-9 an offense under Chapter 49, Penal Code, involving the operation of
1-10 a motor vehicle while intoxicated, the court shall:
1-11 (1) require the defendant to surrender to the court
1-12 any driver's license held by the defendant;
1-13 (2) if the defendant's driver's license is
1-14 automatically suspended as a result of the conviction:
1-15 (A) issue an order prohibiting the Department of
1-16 Public Safety, for a period as determined by the court based on the
1-17 totality of the circumstances involved in the offense from the date
1-18 of conviction, from reinstating the defendant's driver's license or
1-19 from issuing a new, renewal, duplicate, or corrected license to the
1-20 defendant unless the license includes the designation required by
1-21 Section 521.126, Transportation Code; and
1-22 (B) notify the defendant of the consequence of
1-23 the conviction as it relates to the court order; and
1-24 (3) send to the Department of Public Safety a copy of
2-1 the record of conviction, a copy of any court order issued under
2-2 Subdivision (2), and any driver's license obtained from the
2-3 defendant.
2-4 SECTION 2. Subchapter F, Chapter 521, Transportation Code,
2-5 is amended by adding Section 521.126 to read as follows:
2-6 Sec. 521.126. DESIGNATOR ON LICENSE ISSUED TO PERSON
2-7 CONVICTED OF CERTAIN INTOXICATION OFFENSES. (a) On receipt of a
2-8 court order issued under Article 42.016, Code of Criminal
2-9 Procedure, and any driver's license obtained by the court under
2-10 that article, the department may not reinstate the driver's license
2-11 or return the license to the person who is the subject of the
2-12 order. The department may issue a new license to the person if:
2-13 (1) the period of suspension has expired;
2-14 (2) the person applies for the issuance of a new
2-15 license under this section; and
2-16 (3) the person pays a fee in an amount equal to the
2-17 amount of the fee required for issuance or renewal of a license
2-18 under Section 521.421.
2-19 (b) A license issued under Subsection (a) or an original,
2-20 renewed, duplicate, or corrected license issued to the person
2-21 during the period indicated by the court order must include on the
2-22 face of the license in clearly distinguishable capital letters,
2-23 "DWI."
2-24 (c) A driver's license issued under this section, including
2-25 a renewed, duplicate, or corrected license, expires at the end of
2-26 the period specified by the court order.
2-27 SECTION 3. Section 521.2465, Transportation Code, is amended
3-1 by adding Subsection (c) to read as follows:
3-2 (c) A license issued under this section must include the
3-3 designation required by Section 521.126.
3-4 SECTION 4. Section 521.308(b), Transportation Code, is
3-5 amended to read as follows:
3-6 (b) The department shall return a suspended license to the
3-7 holder on the expiration of the suspension period, except as
3-8 provided by Section 521.126.
3-9 SECTION 5. The change in law made by this Act applies only
3-10 to an offense committed on or after the effective date of this Act.
3-11 An offense committed before the effective date of this Act is
3-12 covered by the law in effect when the offense was committed, and
3-13 the former law is continued in effect for that purpose. For
3-14 purposes of this section, an offense was committed before the
3-15 effective date of this Act if any element of the offense occurred
3-16 before that date.
3-17 SECTION 6. This Act takes effect September 1, 1999.
3-18 SECTION 7. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.