By Turner of Coleman H.B. No. 3641
76R12503 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension, revocation, cancellation, and certain
1-3 other actions in connection with a license to operate a motor
1-4 vehicle on a highway in this state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter N, Chapter 521, Transportation Code,
1-7 is amended to read as follows:
1-8 SUBCHAPTER N. GENERAL PROVISIONS RELATING TO LICENSE
1-9 DENIAL, SUSPENSION, OR REVOCATION
1-10 Sec. 521.291. RULES. The department shall adopt rules to
1-11 administer this subchapter.
1-12 Sec. 521.292. DEPARTMENT'S DETERMINATION FOR LICENSE
1-13 SUSPENSION. (a) The department shall suspend the person's license
1-14 if the department determines that the person:
1-15 (1) has operated a motor vehicle on a highway while
1-16 the person's license was suspended, canceled, disqualified, or
1-17 revoked, or without a license after an application for a license
1-18 was denied;
1-19 (2) is a habitually reckless or negligent operator of
1-20 a motor vehicle;
1-21 (3) is a habitual violator of the traffic laws;
1-22 (4) has permitted the unlawful or fraudulent use of
1-23 the person's license;
1-24 (5) has committed an offense in another state or
2-1 Canadian province that, if committed in this state, would be
2-2 grounds for suspension;
2-3 (6) has violated a restriction or an endorsement
2-4 imposed on the use of the license;
2-5 (7) has been convicted of two or more separate
2-6 offenses of a violation of a restriction imposed on the use of the
2-7 license;
2-8 (8) has been responsible as a driver for any accident
2-9 resulting in serious personal injury or serious property damage;
2-10 (9) is the holder of a provisional license issued
2-11 under Section 521.123 and has been convicted of two or more moving
2-12 violations committed within a 12-month period; or
2-13 (10) has committed an offense under Section 545.421.
2-14 (b) For purposes of Subsection (a)(3), a person is a
2-15 "habitual violator" if the person has four or more convictions that
2-16 arise out of different transactions in 12 consecutive months, or
2-17 seven or more convictions that arise out of different transactions
2-18 in 24 months, if the convictions are for moving violations of the
2-19 traffic laws of any state, Canadian province, or political
2-20 subdivision, other than a violation under:
2-21 (1) Section 621.101, 621.201, or 621.203-621.207;
2-22 (2) Subchapter B or C, Chapter 623; or
2-23 (3) Section 545.413.
2-24 Sec. 521.293. PERIOD OF SUSPENSION UNDER SECTION 521.292.
2-25 (a) Except as provided by Subsection (b), if the person does not
2-26 request a hearing, the period of license suspension under Section
2-27 521.292 is 90 days.
3-1 (b) If the department determines that the person engaged in
3-2 conduct described by Section 521.292(a)(1), the period of license
3-3 suspension is extended for an additional period of the lesser of:
3-4 (1) the term of the original suspension; or
3-5 (2) one year.
3-6 Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
3-7 REVOCATION. The department shall revoke the person's license if
3-8 the department determines that the person:
3-9 (1) is incapable of safely operating a motor vehicle;
3-10 (2) has not complied with the terms of a citation
3-11 issued by a jurisdiction that is a party to the Nonresident
3-12 Violator Compact of 1977 for a traffic violation to which that
3-13 compact applies;
3-14 (3) has failed to provide medical records or has
3-15 failed to undergo medical or other examinations as required by a
3-16 panel of the medical advisory board;
3-17 (4) has failed to pass an examination required by the
3-18 director under this chapter;
3-19 (5) has been reported by a court under Section 729.003
3-20 for failure to appear or for default in payment of a fine unless
3-21 the court files an additional report on final disposition of the
3-22 case;
3-23 (6) has been reported within the preceding two years
3-24 by a justice or municipal court for failure to appear or for a
3-25 default in payment of a fine for a misdemeanor punishable only by
3-26 fine, other than a failure or default reported under Section
3-27 729.003, committed by a person who is at least 14 years of age but
4-1 younger than 17 years of age when the offense was committed, unless
4-2 the court files an additional report on final disposition of the
4-3 case; or
4-4 (7) has committed an offense in another state or
4-5 Canadian province that, if committed in this state, would be
4-6 grounds for revocation.
4-7 Sec. 521.295. NOTICE OF DEPARTMENT'S DETERMINATION. (a) If
4-8 the department suspends a person's license under Section 521.292 or
4-9 revokes a person's license under Section 521.294, the department
4-10 shall send a notice of suspension or revocation by first class mail
4-11 to the person's address in the records of the department.
4-12 (b) Notice is considered received on the fifth day after the
4-13 date the notice is mailed.
4-14 Sec. 521.296. NOTICE OF SUSPENSION OR REVOCATION. A notice
4-15 of suspension under Section 521.292 or revocation under Section
4-16 521.294 must state:
4-17 (1) the reason and statutory grounds for the
4-18 suspension or revocation;
4-19 (2) the effective date of the suspension or
4-20 revocation;
4-21 (3) the right of the person to a hearing;
4-22 (4) how to request a hearing; and
4-23 (5) the period in which the person must request a
4-24 hearing.
4-25 Sec. 521.297. SUSPENSION OR REVOCATION EFFECTIVE DATE. A
4-26 license suspension under Section 521.292 or revocation under
4-27 Section 521.294 takes effect on the 40th day after the date the
5-1 person is considered to have received notice of the suspension or
5-2 revocation under Section 521.295(b).
5-3 Sec. 521.298. HEARING REQUEST. If, not later than the 15th
5-4 day after the date on which the person is considered to have
5-5 received notice of the suspension or revocation under Section
5-6 521.295(b), the department receives at its headquarters in Austin,
5-7 in writing, including a facsimile transmission, or by another
5-8 manner prescribed by the department, a request that a hearing be
5-9 held, a hearing shall be held as provided by Sections
5-10 521.295-521.303.
5-11 Sec. 521.299. HEARING DATE; RESCHEDULING. (a) A hearing
5-12 requested under Section 521.298 shall be held not earlier than the
5-13 11th day after the date on which the person requesting the hearing
5-14 is notified of the hearing. The hearing shall be set for the
5-15 earliest practical date.
5-16 (b) A hearing may be continued on a motion of the person,
5-17 the department, both parties, or as necessary to accommodate the
5-18 docket of the presiding officer.
5-19 (c) A request for a hearing stays suspension or revocation
5-20 of a person's license until the date of the final decision of the
5-21 presiding officer.
5-22 Sec. 521.300. HEARING: LOCATION; PRESIDING OFFICER. (a) A
5-23 hearing under this subchapter shall be conducted in a municipal
5-24 court or a justice court in the county in which the person resides.
5-25 The judge of the municipal court or the justice is designated as
5-26 the presiding officer.
5-27 (b) The presiding officer is entitled to receive a fee for
6-1 hearing the case if a fee is approved and set by the commissioners
6-2 court of the county in which the person resides. The fee may not
6-3 exceed $5 and shall be paid from the general revenue fund of the
6-4 county.
6-5 (c) The presiding officer may administer oaths and issue
6-6 subpoenas to compel the attendance of witnesses and the production
6-7 of relevant books and documents.
6-8 Sec. 521.301. ISSUE AT HEARING. (a) The issue that must be
6-9 proved at the hearing by a preponderance of the evidence is whether
6-10 the grounds for suspension or revocation stated in the notice are
6-11 true.
6-12 (b) If the presiding officer finds in the affirmative on
6-13 that issue, the suspension or revocation is sustained.
6-14 (c) If the presiding officer sustains a suspension, the
6-15 department shall suspend the person's license for the period
6-16 specified by the presiding officer, which may not be less than 30
6-17 days or more than one year.
6-18 (d) If the presiding officer does not find in the
6-19 affirmative on that issue, the department may not suspend or revoke
6-20 the person's license.
6-21 (e) The decision of the presiding officer is final when
6-22 issued and signed.
6-23 Sec. 521.302. FAILURE TO APPEAR. A person who requests a
6-24 hearing under this subchapter and fails to appear without just
6-25 cause waives the right to a hearing and the department's
6-26 determination is final.
6-27 Sec. 521.303. CONTINUANCE. A continuance under Section
7-1 521.299 stays the suspension or revocation of a license until the
7-2 date of the final decision of the presiding officer. [AUTHORITY TO
7-3 SUSPEND OR REVOKE LICENSE; NOTICE; HEARING. (a) If the director
7-4 determines under Section 521.163 that a license holder is incapable
7-5 of safely operating a motor vehicle, or if the department receives
7-6 information about a license holder in accordance with a contract
7-7 under Chapter 702, the director may notify the license holder of
7-8 that fact and may summon the license holder to appear at a hearing.]
7-9 [(b) The notice may be sent by certified mail to the license
7-10 holder's address as shown on the holder's driver's license.]
7-11 [Sec. 521.292. WRITTEN CHARGES REQUIRED. The hearing must
7-12 be based on written charges. Except as otherwise provided by this
7-13 subchapter, a copy of the charges must be given to the license
7-14 holder not later than the 10th day before the date of the hearing.]
7-15 [Sec. 521.293. JURISDICTION; PRESIDING OFFICER. (a) A
7-16 hearing under this subchapter must be presided over by a hearing
7-17 officer, a municipal court judge, or a justice of the peace in the
7-18 county in which the license holder resides.]
7-19 [(b) The presiding officer may receive a fee for hearing the
7-20 case if a fee is approved and set by the commissioners court of the
7-21 county in which the license holder resides. The fee may not exceed
7-22 $5 and shall be paid from the general revenue fund of the county.]
7-23 [(c) The presiding officer may administer oaths and issue
7-24 subpoenas to compel the attendance of witnesses and the production
7-25 of relevant books and documents.]
7-26 [(d) The hearing shall be conducted not less than 10 days
7-27 after the date of the notification required by Section 521.291.
8-1 The presiding officer shall set the case for hearing at the
8-2 earliest practical time.]
8-3 [Sec. 521.294. SUSPENSION; REVOCATION. (a) The
8-4 issue to be determined at the hearing is whether the license should
8-5 be suspended or revoked.]
8-6 [(b) The presiding officer shall determine whether a
8-7 person's license should be suspended or revoked, and the period of
8-8 a suspension, because the person:]
8-9 [(1) has operated a motor vehicle on a highway while
8-10 the person's license was suspended, canceled, disqualified, or
8-11 revoked, or without a license after an application for a license
8-12 was denied;]
8-13 [(2) has been responsible as an operator for any
8-14 accident resulting in death;]
8-15 [(3) is a habitually reckless or negligent operator of
8-16 a motor vehicle;]
8-17 [(4) is a habitual violator of the traffic laws;]
8-18 [(5) has permitted the unlawful or fraudulent use of
8-19 the person's license;]
8-20 [(6) has committed an offense in another state or
8-21 Canadian province that, if committed in this state, would be
8-22 grounds for suspension or revocation;]
8-23 [(7) has violated a restriction or an endorsement
8-24 imposed on the use of the license;]
8-25 [(8) has been responsible as a driver for any accident
8-26 resulting in serious personal injury or serious property damage;]
8-27 [(9) is the holder of a provisional license issued
9-1 under Section 521.123 and has been convicted of two or more moving
9-2 violations committed within a 12-month period; or]
9-3 [(10) has committed an offense under Section 545.421.]
9-4 [(c) The period of a suspension may not exceed one year. If
9-5 the hearing results in an affirmative finding that the person has
9-6 engaged in conduct proscribed by Subsection (b)(1), the period of
9-7 suspension is extended for an additional period of the lesser of:]
9-8 [(1) the term of the original suspension; or]
9-9 [(2) one year.]
9-10 [(d) The presiding officer shall determine whether a
9-11 person's license should be revoked because the person:]
9-12 [(1) is incapable of safely operating a motor vehicle;]
9-13 [(2) has not complied with the terms of a citation
9-14 issued by a jurisdiction that is a party to the Nonresident
9-15 Violator Compact of 1977 for a traffic violation to which that
9-16 compact applies;]
9-17 [(3) has failed to provide medical records or has
9-18 failed to undergo medical or other examinations as required by a
9-19 panel of the medical advisory board;]
9-20 [(4) has failed to pass an examination required by the
9-21 director under this chapter;]
9-22 [(5) has been reported by a court under Section
9-23 729.003 for failure to appear or for default in payment of a fine
9-24 unless the court files an additional report on final disposition of
9-25 the case; or]
9-26 [(6) has been reported by a justice or municipal court
9-27 for failure to appear or for a default in payment of a fine for a
10-1 misdemeanor punishable only by fine, other than a failure or
10-2 default reported under Section 729.003, committed by a person
10-3 younger than 17 years of age when the offense was committed, unless
10-4 the court files an additional report on final disposition of the
10-5 case.]
10-6 [(e) The presiding officer shall report the officer's
10-7 determination to the department.]
10-8 [(f) The director may suspend the person's license for the
10-9 recommended period or revoke the license in accordance with the
10-10 presiding officer's determination.]
10-11 [(g) The license holder or department may appeal the ruling
10-12 of the presiding officer by filing a petition in the manner
10-13 provided by Section 521.302.]
10-14 [(h) For the purposes of this subchapter, a person is a
10-15 "habitual violator" if the person has four or more convictions that
10-16 arise out of different transactions in 12 consecutive months, or
10-17 seven or more convictions that arise out of different transactions
10-18 in 24 months, if the convictions are for moving violations of the
10-19 traffic laws of any state, Canadian province, or political
10-20 subdivision, other than a violation under:]
10-21 [(1) Section 621.101, 621.201, or 621.203-621.207;]
10-22 [(2) Subchapter B or C, Chapter 623; or]
10-23 [(3) Section 545.413.]
10-24 [Sec. 521.295. HABITUAL VIOLATORS; NOTICE. (a) The
10-25 director may give a license holder notice of a pending hearing by
10-26 publishing notice not later than the 31st day before the date of
10-27 the hearing in a newspaper of general circulation in the county in
11-1 which the holder resides, as shown in the department's records, if:]
11-2 [(1) the hearing is to determine whether the license
11-3 holder is a habitual violator of the traffic laws; and]
11-4 [(2) notice under Section 521.291(b) is returned to
11-5 the department because:]
11-6 [(A) the department has not been notified of the
11-7 holder's correct address; or]
11-8 [(B) the holder has refused to accept the
11-9 notice.]
11-10 [(b) The notice must:]
11-11 [(1) specify the place, time, and date of the hearing;
11-12 and]
11-13 [(2) state that the department is entitled to suspend
11-14 for a period not to exceed one year the license of a person who is
11-15 determined to be a habitual violator of the traffic laws.]
11-16 Sec. 521.304 [521.296]. CANCELLATION OF MINOR'S LICENSE ON
11-17 COSIGNER'S REQUEST; RELEASE FROM LIABILITY. (a) The person who
11-18 cosigned a minor's application for a driver's license under Section
11-19 521.145 may file with the department a request that the department
11-20 cancel the license. The request must be in writing and
11-21 acknowledged.
11-22 (b) On receipt of a request under Subsection (a), the
11-23 department shall cancel the minor's license. On cancellation, the
11-24 person who cosigned the application is released from liability
11-25 based on the person's signing of the application for any subsequent
11-26 negligence or wilful misconduct of the minor in operating a motor
11-27 vehicle.
12-1 Sec. 521.305 [521.297]. CANCELLATION OF MINOR'S LICENSE ON
12-2 DEATH OF COSIGNER. On receipt of information satisfactory to the
12-3 department of the death of a person who cosigned a minor's
12-4 application for a driver's license under Section 521.145, the
12-5 department shall cancel the license if the license holder is under
12-6 18 years of age and the department may not issue a new license
12-7 until the minor files a new application that complies with this
12-8 chapter.
12-9 Sec. 521.306 [521.299]. EFFECT OF CONDUCT IN OTHER
12-10 JURISDICTION; SUSPENSION UNDER DRIVER'S LICENSE COMPACT. (a) The
12-11 department may suspend or revoke the license of a resident or the
12-12 operating privilege of a nonresident to operate a motor vehicle in
12-13 this state on receipt of notice of a conviction of the individual
12-14 in another state or a Canadian province of an offense that, if
12-15 committed in this state, would be grounds for the suspension or
12-16 revocation of a driver's license.
12-17 (b) The department may give the same effect to the conduct
12-18 of a resident of this state that occurs in another state or
12-19 Canadian province that the department may give to conduct that
12-20 occurs in this state under state law.
12-21 (c) The department may seek the suspension of the license of
12-22 a person who has failed to comply with the terms of a citation to
12-23 which Chapter 523 applies.
12-24 Sec. 521.307 [521.300]. SUSPENSION OF CERTAIN PROVISIONAL
12-25 LICENSES. (a) On the recommendation of a juvenile court with
12-26 jurisdiction over the holder of a provisional license, the
12-27 department shall suspend a provisional license if it is found by
13-1 the juvenile court that the provisional license holder has
13-2 committed:
13-3 (1) an offense that would be classified as a felony if
13-4 the license holder were an adult; or
13-5 (2) a misdemeanor in which a motor vehicle was used to
13-6 travel to or from the scene of the offense, other than an offense
13-7 specified by Chapter 729.
13-8 (b) The department shall suspend the license for the period
13-9 set by the juvenile court but not to exceed one year.
13-10 (c) The court shall report its recommendation promptly to
13-11 the department in the manner and form prescribed by the department.
13-12 [Sec. 521.301. ORDER BINDING. A suspension, cancellation,
13-13 or revocation order of the department is binding on the person to
13-14 whom it pertains unless the person appeals the order as provided by
13-15 Section 521.303 or unless the person establishes that a hearing was
13-16 timely requested under Section 521.344(g) but was not held.]
13-17 Sec. 521.308 [521.302]. APPEAL; JUDICIAL REVIEW. (a) A
13-18 person whose driver's license suspension or revocation has been
13-19 sustained by a presiding officer [suspended] under this
13-20 subchapter[, whose license suspension has been probated under
13-21 Section 521.303, or who is denied a license or whose driver's
13-22 license has been canceled or revoked by the department] may appeal
13-23 the decision of the presiding officer [action unless the
13-24 suspension, cancellation, or revocation is automatic under this
13-25 chapter or Chapter 522].
13-26 (b) To appeal the decision of the presiding officer
13-27 [action], the person must file a petition not later than the 30th
14-1 day after the date on which the department order was entered in the
14-2 county court at law of the county in which the person resides, or,
14-3 if there is no county court at law, in the county court. The
14-4 person must send a file-stamped copy of the petition, certified by
14-5 the clerk of the court in which the petition is filed, to the
14-6 department by certified mail.
14-7 (c) The court shall notify the department of the hearing not
14-8 later than the 31st day before the date the court sets for the
14-9 hearing.
14-10 (d) The court shall take testimony, examine the facts of the
14-11 case, and determine whether the petitioner is [entitled to a
14-12 license or is] subject to the [cancellation, denial,] suspension[,]
14-13 or revocation of a license under this subchapter [chapter].
14-14 (e) A trial on appeal is a trial de novo, and the person
14-15 [license holder] has the right to trial by jury.
14-16 (f) The filing of a petition of appeal as provided by this
14-17 section stays an order of [cancellation,] suspension, probated
14-18 suspension, or revocation until the earlier of the 91st day after
14-19 the date the appeal petition is filed or the date the trial is
14-20 completed and final judgment is rendered.
14-21 (g) On expiration of the stay, the department shall impose
14-22 the suspension, probated suspension, or revocation. The stay may
14-23 not be extended, and an additional stay may not be granted.
14-24 Sec. 521.309 [521.303]. PROBATION OF SUSPENSION. (a) On
14-25 determining that a license shall be suspended, the presiding
14-26 officer who conducts a hearing under this subchapter [Section
14-27 521.291], or the court that tries an appeal under this subchapter
15-1 [Section 521.302], may recommend that the suspension be probated on
15-2 any terms and conditions considered necessary or proper by the
15-3 presiding officer or court, if it appears that justice and the best
15-4 interests of the public and the person [defendant] will be served
15-5 by the probation.
15-6 (b) The revocation of a license may not be probated.
15-7 (c) The report to the department of the results of the
15-8 hearing must include any terms and conditions of the probation.
15-9 (d) [(c)] If probation is recommended, the department shall
15-10 probate the suspension.
15-11 (e) [(d)] If a presiding officer or a court probates a
15-12 suspension of a [driver's] license [or privilege] under this
15-13 section, the probationary period shall be for a term of not less
15-14 than 90 days or more than two years.
15-15 Sec. 521.310 [521.304]. PROBATION VIOLATION. (a) If the
15-16 director believes that a person [license holder] who has been
15-17 placed on probation under Section 521.309 [521.303] has violated a
15-18 term or condition of the probation, the director shall notify the
15-19 person [holder] and summon the person [holder] to appear at a
15-20 hearing in the court or before the presiding officer or judge who
15-21 [that] recommended that the person be placed on probation
15-22 [suspension be probated,] after notice as provided by Sections
15-23 521.295 and 521.296 [Section 521.291].
15-24 (b) The issue at the hearing under this section is whether a
15-25 term or condition of the probation has been violated. The
15-26 presiding officer or judge presiding at the hearing shall report
15-27 the finding to the department. If the finding is that a term or
16-1 condition of the probation has been violated, the department shall
16-2 take the action [suspend the license] as determined in the original
16-3 hearing.
16-4 Sec. 521.311 [521.305]. EFFECTIVE DATE OF ORDER. Except as
16-5 provided by another section of this subchapter to the contrary, a
16-6 [A] decision under this subchapter takes effect on the 11th day
16-7 after the date on which an order is rendered.
16-8 Sec. 521.312 [521.306]. PERIOD OF SUSPENSION OR REVOCATION;
16-9 REINSTATEMENT OF LICENSE. (a) Revocation of a license is for an
16-10 indefinite period [and may not be probated].
16-11 (b) Except as provided by Subsection (c), Section
16-12 521.293(b), or [of this section and] Subchapter O, the department
16-13 may not suspend a license for a period that exceeds one year.
16-14 (c) The department may not reinstate a license revoked
16-15 [suspended] under Section 521.294(5) [521.294(d)(5)] until the
16-16 court that filed the report for which the license was revoked
16-17 [suspended] files an additional report on final disposition of the
16-18 case.
16-19 Sec. 521.313. REINSTATEMENT AND REISSUANCE; FEE. (a) A
16-20 license suspended or revoked under this subchapter may not be
16-21 reinstated or another license issued to the person until the person
16-22 pays the department a fee of $100 in addition to any other fee
16-23 required by law.
16-24 (b) The payment of a reinstatement fee is not required if a
16-25 suspension or revocation under this subchapter is:
16-26 (1) rescinded by the department; or
16-27 (2) not sustained by a presiding officer or a court.
17-1 [(d) The department may not reinstate a license suspended or
17-2 revoked under this subchapter unless the person whose license was
17-3 suspended or revoked applies to the department for reinstatement of
17-4 the license and pays a $50 reinstatement fee to the department.]
17-5 Sec. 521.314 [521.307]. CANCELLATION AUTHORITY. The
17-6 department may cancel a license or certificate if it determines
17-7 that the holder:
17-8 (1) was not entitled to the license or certificate; or
17-9 (2) failed to give required information in the
17-10 application for the license or certificate.
17-11 Sec. 521.315 [521.308]. SURRENDER OF LICENSE; RETURN. (a)
17-12 On the suspension or revocation of a license by the department, the
17-13 department may [shall] require the holder to surrender the license
17-14 to the department.
17-15 (b) The department shall return a suspended license to the
17-16 holder on the expiration of the suspension period.
17-17 Sec. 521.316 [521.309]. SUSPENDED FOREIGN LICENSE. A person
17-18 whose driver's license or privilege to operate a vehicle in this
17-19 state is suspended or revoked under this chapter may not operate a
17-20 motor vehicle in this state under a license, permit, or
17-21 registration certificate issued by any other state or Canadian
17-22 province during the suspension period or after the revocation until
17-23 a new license is obtained as provided by this chapter.
17-24 Sec. 521.317 [521.310]. DENIAL OF LICENSE RENEWAL AFTER
17-25 WARNING. The department may deny the renewal of the driver's
17-26 license of a person about whom the department has received
17-27 information under Section 706.004 until the date the department
18-1 receives a notification from the political subdivision under
18-2 Section 706.005 that there is no cause to deny the renewal based on
18-3 the person's previous failure to appear for a complaint, citation,
18-4 or court order to pay a fine involving a violation of a traffic
18-5 law.
18-6 Sec. 521.318 [521.311]. NONRESIDENTS. (a) The department
18-7 may suspend or revoke a nonresident's operating privilege in the
18-8 same manner and for the same causes as a driver's license issued
18-9 under this chapter.
18-10 (b) On receipt of a record of conviction of a nonresident in
18-11 this state under the motor vehicle laws of this state, the
18-12 department may forward a certified copy of the record to the motor
18-13 vehicle administrator of the state or Canadian province of which
18-14 the convicted person is a resident.
18-15 Sec. 521.319 [521.312]. REVOCATION FOR MEDICAL REASONS. (a)
18-16 A person may not operate a motor vehicle if the person:
18-17 (1) is a chemically dependent person who:
18-18 (A) is likely to cause serious harm to the
18-19 person or to others; or
18-20 (B) will, if not treated, continue to suffer
18-21 abnormal mental, emotional, or physical distress, or to deteriorate
18-22 in ability to function independently; or
18-23 (2) has been determined by a judgment of a court to be
18-24 totally incapacitated or incapacitated to act as the operator of a
18-25 motor vehicle.
18-26 (b) The driver's license of a person is revoked on:
18-27 (1) the judgment of a court that the person is totally
19-1 incapacitated or incapacitated to act as the operator of a motor
19-2 vehicle; or
19-3 (2) the order of a court of involuntary treatment of
19-4 the person under Subchapter D, Chapter 462, Health and Safety Code.
19-5 (c) If the person has not been issued a driver's license,
19-6 the judgment or order of a court under Subsection (b) automatically
19-7 prohibits the department from issuing a driver's license to the
19-8 person.
19-9 (d) The clerk of the court that renders a judgment or enters
19-10 an order under Subsection (b) shall notify the department of the
19-11 court's judgment or order before the 10th day after the date the
19-12 court renders the judgment or enters the order.
19-13 (e) The revocation of a driver's license under Subsection
19-14 (b) or the prohibition against the issuance of a driver's license
19-15 under Subsection (c) expires on the date on which:
19-16 (1) the person is:
19-17 (A) restored to capacity by judicial decree; or
19-18 (B) released from a hospital for the mentally
19-19 incapacitated on a certificate of the superintendent or
19-20 administrator that the person has regained capacity; or
19-21 (2) the order of involuntary treatment of the
19-22 chemically dependent person expires.
19-23 (f) Before the 10th day after the date under Subsection
19-24 (e)(1)(A) or (2), the clerk of the appropriate court shall notify
19-25 the department that:
19-26 (1) the person has been restored to capacity by
19-27 judicial decree; or
20-1 (2) the order of involuntary treatment has expired or
20-2 has been terminated under Section 462.080(d), Health and Safety
20-3 Code.
20-4 (g) Before the 10th day after the date under Subsection
20-5 (e)(1)(B), the superintendent or administrator of the hospital
20-6 shall notify the department that the person has been released from
20-7 the hospital on a certificate that the person has regained
20-8 capacity.
20-9 (h) In this section:
20-10 (1) "Chemically dependent person" means a person with
20-11 chemical dependency.
20-12 (2) "Chemical dependency" and "treatment" have the
20-13 meanings assigned [those terms] by Section 462.001, Health and
20-14 Safety Code.
20-15 Sec. 521.320 [521.314]. SUSPENSION FOR CERTAIN CRIMINAL
20-16 MISCHIEF; LICENSE DENIAL. (a) A court may order the department to
20-17 suspend a person's driver's license on conviction of an offense
20-18 under Section 28.08, Penal Code.
20-19 (b) A court may order the department to deny an application
20-20 for reinstatement or issuance of a driver's license to a person
20-21 convicted of an offense under Section 28.08, Penal Code, who, on
20-22 the date of the conviction, did not hold a driver's license.
20-23 (c) The period of suspension under this section is one year
20-24 after the date of a final conviction. The period of license denial
20-25 is one year after the date the person applies to the department for
20-26 reinstatement or issuance of a driver's license.
20-27 (d) The department may not reinstate a driver's license
21-1 suspended under Subsection (a) unless the person whose license was
21-2 suspended applies to the department for reinstatement.
21-3 (e) A person whose license is suspended under Subsection (a)
21-4 remains eligible to receive an occupational license under
21-5 Subchapter L.
21-6 (f) For the purposes of this section, a person is convicted
21-7 of an offense regardless of whether sentence is imposed or the
21-8 person is placed on community supervision for the offense under
21-9 Article 42.12, Code of Criminal Procedure.
21-10 SECTION 2. Section 521.344(h), Transportation Code, is
21-11 amended to read as follows:
21-12 (h) The hearing shall be held in a municipal or justice
21-13 court in the county of the person's residence in the manner
21-14 provided for a suspension hearing under Subchapter N [Section
21-15 521.291]. The issues to be determined at the hearing are whether
21-16 the person has successfully completed a required educational
21-17 program and whether the period for completion of the program has
21-18 passed. If the presiding officer determines that the educational
21-19 program has not been completed and the period for completion has
21-20 passed, the officer shall confirm the revocation or prohibition and
21-21 shall notify the department of that fact. The director may not
21-22 revoke or prohibit the license if the officer finds that the
21-23 program has been completed, that, before the hearing, the court
21-24 that originally imposed the requirement to attend an educational
21-25 program has granted an extension that has not expired, or that the
21-26 period for completion has not passed. If the person or the
21-27 person's agent fails to appear at the hearing, the department shall
22-1 revoke the person's license until the department receives notice of
22-2 successful completion of the educational program.
22-3 SECTION 3. Section 522.087(b), Transportation Code, is
22-4 amended to read as follows:
22-5 (b) Disqualifying a person under Section 522.081(a) or
22-6 (d)(1) is subject to the notice and hearing procedures of Sections
22-7 521.295-521.303 [Section 521.304]. An appeal of the
22-8 disqualification is subject to Section 521.308 [521.302].
22-9 SECTION 4. Section 601.156(a), Transportation Code, is
22-10 amended to read as follows:
22-11 (a) A hearing under this subchapter is subject to the notice
22-12 and hearing procedures of Sections 521.295-521.303 and shall be
22-13 heard by a judge of a municipal court or a [the] justice of the
22-14 peace of the county [precinct] in which the person requesting the
22-15 hearing resides. A party is not entitled to a jury.
22-16 SECTION 5. Section 601.158, Transportation Code, is amended
22-17 by amending Subsection (b) and adding Subsections (c)-(f) to read
22-18 as follows:
22-19 (b) To appeal a determination under Subsection (a), the
22-20 person must file a petition not later than the 30th day after the
22-21 date of the determination in the county court at law of the county
22-22 in which the person resides, or, if there is no county court at
22-23 law, in [An appeal under this section is by trial de novo to] the
22-24 county court of the county [in which the hearing was held].
22-25 (c) A person who files an appeal under this section shall
22-26 send a file-stamped copy of the petition by certified mail to the
22-27 department at the department's headquarters in Austin. The copy
23-1 must be certified by the clerk of the court in which the petition
23-2 is filed.
23-3 (d) The filing of a petition of appeal as provided by this
23-4 section stays an order of suspension until the earlier of the 91st
23-5 day after the date the appeal petition is filed or the date the
23-6 trial is completed and final judgment is rendered.
23-7 (e) On expiration of the stay, the department shall impose
23-8 the suspension. The stay may not be extended, and an additional
23-9 stay may not be granted.
23-10 (f) A trial on appeal is de novo.
23-11 SECTION 6. Section 601.401, Transportation Code, is amended
23-12 to read as follows:
23-13 Sec. 601.401. DEPARTMENT ACTIONS [ACTS] SUBJECT TO REVIEW.
23-14 (a) An action [act] of the department under this chapter may be
23-15 appealed, unless:
23-16 (1) an order of suspension by the department is based
23-17 on an existing unsatisfied final judgment rendered against a person
23-18 by a court in this state arising out of the use of a motor vehicle
23-19 in this state; or
23-20 (2) the suspension is automatic under Section
23-21 601.231(a).
23-22 (b) To appeal an action of the department, the person must
23-23 file a petition not later than the 30th day after the date of the
23-24 action [by a person in interest] in[:]
23-25 [(1)] the county court at law in the county in which
23-26 the person resides or[;]
23-27 [(2)] the county court of the county in which the
24-1 person resides, if the county does not have a county court at law[;
24-2 or]
24-3 [(3) the district court of the county in which the
24-4 person resides if:]
24-5 [(A) the county does not have a county court at
24-6 law; and]
24-7 [(B) the county court does not have the civil
24-8 jurisdiction provided by general law for a county court].
24-9 (c) A person who files an appeal under this section shall
24-10 send a file-stamped copy of the petition by certified mail to the
24-11 department at the department's headquarters in Austin. The copy
24-12 must be certified by the clerk of the court in which the petition
24-13 is filed.
24-14 (d) The filing of a petition of appeal as provided by this
24-15 section stays an order of suspension until the earlier of the 91st
24-16 day after the date the appeal petition is filed or the date the
24-17 trial is completed and final judgment is rendered.
24-18 (e) On expiration of the stay, the department shall impose
24-19 the suspension. The stay may not be extended, and an additional
24-20 stay may not be granted.
24-21 (f) A trial on appeal is de novo.
24-22 SECTION 7. Section 2001.221, Government Code, is amended to
24-23 read as follows:
24-24 Sec. 2001.221. DRIVER'S LICENSES. This chapter does not
24-25 apply to a suspension, revocation, cancellation, denial, or
24-26 disqualification of a driver's license or commercial driver's
24-27 license as authorized by:
25-1 (1) Subchapter N, Chapter 521, Transportation Code,
25-2 except Sections 521.304 [521.296] and 521.305 [521.297] of that
25-3 subchapter, or by Subchapter O or P of that chapter;
25-4 (2) Chapter 522, Transportation Code;
25-5 (3) Chapter 601, Transportation Code; or
25-6 (4) Section 13, Article 42.12, Code of Criminal
25-7 Procedure.
25-8 SECTION 8. Section 2002.023, Government Code, is amended to
25-9 read as follows:
25-10 Sec. 2002.023. EXCEPTIONS. This subchapter does not apply
25-11 to:
25-12 (1) a suspension, revocation, cancellation, denial, or
25-13 disqualification of a driver's license or commercial driver's
25-14 license as authorized by:
25-15 (A) Subchapter N, Chapter 521, Transportation
25-16 Code, except Sections 521.304 [521.296] and 521.305 [521.297] of
25-17 that subchapter, or by Subchapter O or P of that chapter;
25-18 (B) Chapter 522, Transportation Code;
25-19 (C) Chapter 601, Transportation Code;
25-20 (D) Chapter 724, Transportation Code; or
25-21 (E) Section 13, Article 42.12, Code of Criminal
25-22 Procedure;
25-23 (2) matters related solely to the internal personnel
25-24 rules and practices of a state agency;
25-25 (3) the Texas Workforce Commission, other than to
25-26 matters of unemployment insurance maintained by the commission; or
25-27 (4) a rule or internal procedure of the Texas
26-1 Department of Criminal Justice or Texas Board of Criminal Justice
26-2 that applies to an inmate or any other person under the custody or
26-3 control of the department or to an action taken under that rule or
26-4 procedure.
26-5 SECTION 9. Sections 601.402-601.410, Transportation Code,
26-6 are repealed.
26-7 SECTION 10. This Act takes effect September 1, 2000. The
26-8 changes in law to Subchapter N, Chapter 521, Transportation Code,
26-9 Sections 521.344 and 522.087 of that code, and Chapter 601 of that
26-10 code made by this Act apply only to a suspension, revocation, or
26-11 other action in connection with a license to operate a motor
26-12 vehicle in this state that commences under Subchapter N, Chapter
26-13 521, Transportation Code, Section 521.344 of that code, or Chapter
26-14 601 of that code on or after September 1, 2000. A suspension,
26-15 revocation, or other action in connection with a license to operate
26-16 a motor vehicle that commenced under Subchapter N, Chapter 521,
26-17 Transportation Code, Section 521.344 of that code, or Chapter 601
26-18 of that code before September 1, 2000, is governed by the law in
26-19 effect on the date that the suspension, revocation, or other action
26-20 commenced, and the former law is continued in effect for that
26-21 purpose.
26-22 SECTION 11. The importance of this legislation and the
26-23 crowded condition of the calendars in both houses create an
26-24 emergency and an imperative public necessity that the
26-25 constitutional rule requiring bills to be read on three several
26-26 days in each house be suspended, and this rule is hereby suspended.