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.