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.