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.