By Dunnam H.B. No. 2694
76R8656 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of operating a
1-3 motor vehicle, a watercraft, or an aircraft while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 59.01(2), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (2) "Contraband" means property of any nature,
1-8 including real, personal, tangible, or intangible, that is:
1-9 (A) used in the commission of:
1-10 (i) any first or second degree felony
1-11 under the Penal Code;
1-12 (ii) any felony under Section 38.04 or
1-13 Chapters 29, 30, 31, 32, 33, 33A, or 35, Penal Code; or
1-14 (iii) any felony under The Securities Act
1-15 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-16 (B) used or intended to be used in the
1-17 commission of:
1-18 (i) any felony under Chapter 481, Health
1-19 and Safety Code (Texas Controlled Substances Act);
1-20 (ii) any felony under Chapter 483, Health
1-21 and Safety Code;
1-22 (iii) a felony under Chapter 153, Finance
1-23 Code [Article 350, Revised Statutes];
1-24 (iv) any felony under Chapter 34, Penal
2-1 Code;
2-2 (v) a Class A misdemeanor under Subchapter
2-3 B, Chapter 365, Health and Safety Code, if the defendant has been
2-4 previously convicted twice of an offense under that subchapter;
2-5 [or]
2-6 (vi) any felony under Chapter 152, Finance
2-7 Code [The Sale of Checks Act (Article 489d, Vernon's Texas Civil
2-8 Statutes)]; or
2-9 (vii) an offense under Section 49.04 or
2-10 49.06, Penal Code, or an offense under Section 49.07 or 49.08 of
2-11 that code that involves the operation of a motor vehicle or a
2-12 watercraft;
2-13 (C) the proceeds gained from the commission of a
2-14 felony listed in Paragraph (A) or (B) of this subdivision or a
2-15 crime of violence; or
2-16 (D) acquired with proceeds gained from the
2-17 commission of a felony listed in Paragraph (A) or (B) of this
2-18 subdivision or a crime of violence.
2-19 SECTION 2. Article 59.03, Code of Criminal Procedure, is
2-20 amended by adding Subsection (d) to read as follows:
2-21 (d) A peace officer who arrests a person for an offense
2-22 under Section 49.04 or 49.06, Penal Code, or an offense under
2-23 Section 49.07 or 49.08 of that code that involves the operation of
2-24 a motor vehicle or a watercraft shall impound the vehicle or
2-25 watercraft being operated at the time of the offense.
2-26 SECTION 3. Section 49.01(2), Penal Code, is amended to read
2-27 as follows:
3-1 (2) "Intoxicated" means:
3-2 (A) not having the normal use of mental or
3-3 physical faculties by reason of the introduction of alcohol, a
3-4 controlled substance, a drug, a dangerous drug, a combination of
3-5 two or more of those substances, or any other substance into the
3-6 body; or
3-7 (B) having an alcohol concentration of:
3-8 (i) 0.10 or more; or
3-9 (ii) 0.08 or more, if the actor has been
3-10 previously convicted of an offense under this chapter, other than
3-11 Section 49.02 or 49.03, committed within 10 years before the date
3-12 on which the actor is alleged to be intoxicated.
3-13 SECTION 4. Section 49.08(b), Penal Code, is amended to read
3-14 as follows:
3-15 (b) Except as provided by Section 49.09, an [An] offense
3-16 under this section is a felony of the second degree.
3-17 SECTION 5. Section 49.09, Penal Code, is amended by adding
3-18 Subsection (g) to read as follows:
3-19 (g) If it is shown on the trial of an offense under Section
3-20 49.08 that the person has previously been convicted of an offense
3-21 relating to the operation of a motor vehicle while intoxicated, an
3-22 offense of operating an aircraft while intoxicated, or an offense
3-23 of operating a watercraft while intoxicated, the offense is a
3-24 felony of the first degree.
3-25 SECTION 6. Section 521.341, Transportation Code, is amended
3-26 to read as follows:
3-27 Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE SUSPENSION
4-1 OR REVOCATION. (a) Except as provided by Subsection (b) and
4-2 Sections 521.344(d)-(i), a license is automatically suspended on
4-3 final conviction of the license holder of:
4-4 (1) an offense under Section 19.05, Penal Code,
4-5 committed as a result of the holder's criminally negligent
4-6 operation of a motor vehicle;
4-7 (2) an offense under Section 38.04, Penal Code;
4-8 (3) an offense under Section 49.04 or 49.08, Penal
4-9 Code;
4-10 (4) an offense under Section 49.07, Penal Code, if the
4-11 person used a motor vehicle in the commission of the offense;
4-12 (5) an offense punishable as a felony under the motor
4-13 vehicle laws of this state;
4-14 (6) an offense under Section 550.021; or
4-15 (7) an offense under Section 521.451 or 521.453.
4-16 (b) A license is automatically revoked for five years on
4-17 final conviction of the license holder of a third or subsequent
4-18 offense under:
4-19 (1) Section 49.04, Penal Code; or
4-20 (2) Section 49.07 or 49.08 of that code involving the
4-21 operation of a motor vehicle.
4-22 SECTION 7. Subchapter B, Chapter 724, Transportation Code,
4-23 is amended by adding Section 724.0135 to read as follows:
4-24 Sec. 724.0135. REFUSAL TO SUBMIT TO TAKING OF SPECIMEN;
4-25 PENALTY. (a) A person who refuses to submit to the taking of a
4-26 specimen designated by a peace officer commits an offense.
4-27 (b) An offense under this section is a Class B misdemeanor.
5-1 (c) The prosecution or conviction of a person under this
5-2 section is:
5-3 (1) independent of and not an estoppel as to any
5-4 matter in issue in an administrative proceeding under this code
5-5 arising from the occurrence that is the basis for the prosecution
5-6 or conviction; and
5-7 (2) does not preclude litigation of the same or
5-8 similar facts in the administrative proceeding.
5-9 SECTION 8. Section 724.015, Transportation Code, is amended
5-10 to read as follows:
5-11 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
5-12 REQUESTING SPECIMEN. Before requesting a person to submit to the
5-13 taking of a specimen, the officer shall inform the person orally
5-14 and in writing that:
5-15 (1) refusal to submit to the taking of the specimen is
5-16 a Class B misdemeanor;
5-17 (2) if the person refuses to submit to the taking of
5-18 the specimen, that refusal may be admissible in a subsequent
5-19 prosecution;
5-20 (3) [(2)] if the person refuses to submit to the
5-21 taking of the specimen, the person's license to operate a motor
5-22 vehicle will be automatically suspended, whether or not the person
5-23 is subsequently prosecuted as a result of the arrest, for:
5-24 (A) not less than 90 days if the person is 21
5-25 years of age or older; or
5-26 (B) not less than 120 days if the person is
5-27 younger than 21 years of age;
6-1 (4) [(3)] if the person is 21 years of age or older
6-2 and submits to the taking of a specimen designated by the officer
6-3 and an analysis of the specimen shows the person had an alcohol
6-4 concentration of a level specified by Chapter 49, Penal Code, the
6-5 person's license to operate a motor vehicle will be automatically
6-6 suspended for not less than 60 days, whether or not the person is
6-7 subsequently prosecuted as a result of the arrest;
6-8 (5) [(4)] if the person is younger than 21 years of
6-9 age and has any detectable amount of alcohol in the person's
6-10 system, the person's license to operate a motor vehicle will be
6-11 automatically suspended for not less than 60 days even if the
6-12 person submits to the taking of the specimen, but that if the
6-13 person submits to the taking of the specimen and an analysis of the
6-14 specimen shows that the person had an alcohol concentration less
6-15 than the level specified by Chapter 49, Penal Code, the person may
6-16 be subject to criminal penalties less severe than those provided
6-17 under that chapter;
6-18 (6) [(5)] if the officer determines that the person is
6-19 a resident without a license to operate a motor vehicle in this
6-20 state, the department will deny to the person the issuance of a
6-21 license, whether or not the person is subsequently prosecuted as a
6-22 result of the arrest, under the same conditions and for the same
6-23 periods that would have applied to a revocation of the person's
6-24 driver's license if the person had held a driver's license issued
6-25 by this state; and
6-26 (7) [(6)] the person has a right to a hearing on the
6-27 suspension or denial if, not later than the 15th day after the date
7-1 on which the person receives the notice of suspension or denial or
7-2 on which the person is considered to have received the notice by
7-3 mail as provided by law, the department receives, at its
7-4 headquarters in Austin, a written demand, including a facsimile
7-5 transmission, or a request in another form prescribed by the
7-6 department for the hearing.
7-7 SECTION 9. (a) This Act takes effect September 1, 1999.
7-8 (b) The changes in law made by Sections 1-5 of this Act
7-9 apply only to an offense committed on or after September 1, 1999.
7-10 An offense committed before September 1, 1999, is covered by the
7-11 law in effect when the offense was committed, and the former law is
7-12 continued in effect for that purpose. For purposes of this
7-13 subsection, an offense was committed before September 1, 1999, if
7-14 any element of the offense was committed before that date.
7-15 (c) The change in law made by Section 6 of this Act applies
7-16 only to the suspension or revocation of the driver's license of a
7-17 person convicted of an offense described by Section 521.341,
7-18 Transportation Code, on or after September 1, 1999. The suspension
7-19 or revocation of the driver's license of a person convicted of an
7-20 offense before September 1, 1999, is covered by the law in effect
7-21 when the person was convicted, and the former law is continued in
7-22 effect for that purpose.
7-23 (d) The changes in law made by Sections 7 and 8 of this Act
7-24 apply only to a person arrested for an offense described by Section
7-25 724.011, Transportation Code, on or after September 1, 1999.
7-26 SECTION 10. The importance of this legislation and the
7-27 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended.