1-1 By: Turner of Coleman (Senate Sponsor - Wentworth) H.B. No. 3641
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the suspension, revocation, cancellation, and certain
1-9 other actions in connection with a license to operate a motor
1-10 vehicle on a highway in this state.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter N, Chapter 521, Transportation Code,
1-13 is amended to read as follows:
1-14 SUBCHAPTER N. GENERAL PROVISIONS RELATING TO LICENSE
1-15 DENIAL, SUSPENSION, OR REVOCATION
1-16 Sec. 521.291. RULES. The department shall adopt rules to
1-17 administer this subchapter.
1-18 Sec. 521.292. DEPARTMENT'S DETERMINATION FOR LICENSE
1-19 SUSPENSION. (a) The department shall suspend the person's license
1-20 if the department determines that the person:
1-21 (1) has operated a motor vehicle on a highway while
1-22 the person's license was suspended, canceled, disqualified, or
1-23 revoked, or without a license after an application for a license
1-24 was denied;
1-25 (2) is a habitually reckless or negligent operator of
1-26 a motor vehicle;
1-27 (3) is a habitual violator of the traffic laws;
1-28 (4) has permitted the unlawful or fraudulent use of
1-29 the person's license;
1-30 (5) has committed an offense in another state or
1-31 Canadian province that, if committed in this state, would be
1-32 grounds for suspension;
1-33 (6) has violated a restriction or an endorsement
1-34 imposed on the use of the license;
1-35 (7) has been convicted of two or more separate
1-36 offenses of a violation of a restriction imposed on the use of the
1-37 license;
1-38 (8) has been responsible as a driver for any accident
1-39 resulting in serious personal injury or serious property damage;
1-40 (9) is the holder of a provisional license issued
1-41 under Section 521.123 and has been convicted of two or more moving
1-42 violations committed within a 12-month period; or
1-43 (10) has committed an offense under Section 545.421.
1-44 (b) For purposes of Subsection (a)(3), a person is a
1-45 "habitual violator" if the person has four or more convictions that
1-46 arise out of different transactions in 12 consecutive months, or
1-47 seven or more convictions that arise out of different transactions
1-48 in 24 months, if the convictions are for moving violations of the
1-49 traffic laws of any state, Canadian province, or political
1-50 subdivision, other than a violation under:
1-51 (1) Section 621.101, 621.201, or 621.203-621.207;
1-52 (2) Subchapter B or C, Chapter 623; or
1-53 (3) Section 545.413.
1-54 Sec. 521.293. PERIOD OF SUSPENSION UNDER SECTION 521.292.
1-55 (a) Except as provided by Subsection (b), if the person does not
1-56 request a hearing, the period of license suspension under Section
1-57 521.292 is 90 days.
1-58 (b) If the department determines that the person engaged in
1-59 conduct described by Section 521.292(a)(1), the period of license
1-60 suspension is extended for an additional period of the lesser of:
1-61 (1) the term of the original suspension; or
1-62 (2) one year.
1-63 Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1-64 REVOCATION. The department shall revoke the person's license if
2-1 the department determines that the person:
2-2 (1) is incapable of safely operating a motor vehicle;
2-3 (2) has not complied with the terms of a citation
2-4 issued by a jurisdiction that is a party to the Nonresident
2-5 Violator Compact of 1977 for a traffic violation to which that
2-6 compact applies;
2-7 (3) has failed to provide medical records or has
2-8 failed to undergo medical or other examinations as required by a
2-9 panel of the medical advisory board;
2-10 (4) has failed to pass an examination required by the
2-11 director under this chapter;
2-12 (5) has been reported by a court under Section 729.003
2-13 for failure to appear or for default in payment of a fine unless
2-14 the court files an additional report on final disposition of the
2-15 case;
2-16 (6) has been reported within the preceding two years
2-17 by a justice or municipal court for failure to appear or for a
2-18 default in payment of a fine for a misdemeanor punishable only by
2-19 fine, other than a failure or default reported under Section
2-20 729.003, committed by a person who is at least 14 years of age but
2-21 younger than 17 years of age when the offense was committed, unless
2-22 the court files an additional report on final disposition of the
2-23 case; or
2-24 (7) has committed an offense in another state or
2-25 Canadian province that, if committed in this state, would be
2-26 grounds for revocation.
2-27 Sec. 521.295. NOTICE OF DEPARTMENT'S DETERMINATION. (a) If
2-28 the department suspends a person's license under Section 521.292 or
2-29 revokes a person's license under Section 521.294, the department
2-30 shall send a notice of suspension or revocation by first class mail
2-31 to the person's address in the records of the department.
2-32 (b) Notice is considered received on the fifth day after the
2-33 date the notice is mailed.
2-34 Sec. 521.296. NOTICE OF SUSPENSION OR REVOCATION. A notice
2-35 of suspension under Section 521.292 or revocation under Section
2-36 521.294 must state:
2-37 (1) the reason and statutory grounds for the
2-38 suspension or revocation;
2-39 (2) the effective date of the suspension or
2-40 revocation;
2-41 (3) the right of the person to a hearing;
2-42 (4) how to request a hearing; and
2-43 (5) the period in which the person must request a
2-44 hearing.
2-45 Sec. 521.297. SUSPENSION OR REVOCATION EFFECTIVE DATE. A
2-46 license suspension under Section 521.292 or revocation under
2-47 Section 521.294 takes effect on the 40th day after the date the
2-48 person is considered to have received notice of the suspension or
2-49 revocation under Section 521.295(b).
2-50 Sec. 521.298. HEARING REQUEST. If, not later than the 15th
2-51 day after the date on which the person is considered to have
2-52 received notice of the suspension or revocation under Section
2-53 521.295(b), the department receives at its headquarters in Austin,
2-54 in writing, including a facsimile transmission, or by another
2-55 manner prescribed by the department, a request that a hearing be
2-56 held, a hearing shall be held as provided by Sections
2-57 521.295-521.303.
2-58 Sec. 521.299. HEARING DATE; RESCHEDULING. (a) A hearing
2-59 requested under Section 521.298 shall be held not earlier than the
2-60 11th day after the date on which the person requesting the hearing
2-61 is notified of the hearing. The hearing shall be set for the
2-62 earliest practical date.
2-63 (b) A hearing may be continued on a motion of the person,
2-64 the department, both parties, or as necessary to accommodate the
2-65 docket of the presiding officer.
2-66 (c) A request for a hearing stays suspension or revocation
2-67 of a person's license until the date of the final decision of the
2-68 presiding officer.
2-69 Sec. 521.300. HEARING: LOCATION; PRESIDING OFFICER. (a) A
3-1 hearing under this subchapter shall be conducted in a municipal
3-2 court or a justice court in the county in which the person resides.
3-3 The judge of the municipal court or the justice is designated as
3-4 the presiding officer.
3-5 (b) The presiding officer is entitled to receive a fee for
3-6 hearing the case if a fee is approved and set by the commissioners
3-7 court of the county in which the person resides. The fee may not
3-8 exceed $5 and shall be paid from the general revenue fund of the
3-9 county.
3-10 (c) The presiding officer may administer oaths and issue
3-11 subpoenas to compel the attendance of witnesses and the production
3-12 of relevant books and documents.
3-13 Sec. 521.301. ISSUE AT HEARING. (a) The issue that must be
3-14 proved at the hearing by a preponderance of the evidence is whether
3-15 the grounds for suspension or revocation stated in the notice are
3-16 true.
3-17 (b) If the presiding officer finds in the affirmative on
3-18 that issue, the suspension or revocation is sustained.
3-19 (c) If the presiding officer sustains a suspension, the
3-20 department shall suspend the person's license for the period
3-21 specified by the presiding officer, which may not be less than 30
3-22 days or more than one year.
3-23 (d) If the presiding officer does not find in the
3-24 affirmative on that issue, the department may not suspend or revoke
3-25 the person's license.
3-26 (e) The decision of the presiding officer is final when
3-27 issued and signed.
3-28 Sec. 521.302. FAILURE TO APPEAR. A person who requests a
3-29 hearing under this subchapter and fails to appear without just
3-30 cause waives the right to a hearing and the department's
3-31 determination is final.
3-32 Sec. 521.303. CONTINUANCE. A continuance under Section
3-33 521.299 stays the suspension or revocation of a license until the
3-34 date of the final decision of the presiding officer. [AUTHORITY TO
3-35 SUSPEND OR REVOKE LICENSE; NOTICE; HEARING. (a) If the director
3-36 determines under Section 521.163 that a license holder is incapable
3-37 of safely operating a motor vehicle, or if the department receives
3-38 information about a license holder in accordance with a contract
3-39 under Chapter 702, the director may notify the license holder of
3-40 that fact and may summon the license holder to appear at a hearing.]
3-41 [(b) The notice may be sent by certified mail to the license
3-42 holder's address as shown on the holder's driver's license.]
3-43 [Sec. 521.292. WRITTEN CHARGES REQUIRED. The hearing must
3-44 be based on written charges. Except as otherwise provided by this
3-45 subchapter, a copy of the charges must be given to the license
3-46 holder not later than the 10th day before the date of the hearing.]
3-47 [Sec. 521.293. JURISDICTION; PRESIDING OFFICER. (a) A
3-48 hearing under this subchapter must be presided over by a hearing
3-49 officer, a municipal court judge, or a justice of the peace in the
3-50 county in which the license holder resides.]
3-51 [(b) The presiding officer may receive a fee for hearing the
3-52 case if a fee is approved and set by the commissioners court of the
3-53 county in which the license holder resides. The fee may not exceed
3-54 $5 and shall be paid from the general revenue fund of the county.]
3-55 [(c) The presiding officer may administer oaths and issue
3-56 subpoenas to compel the attendance of witnesses and the production
3-57 of relevant books and documents.]
3-58 [(d) The hearing shall be conducted not less than 10 days
3-59 after the date of the notification required by Section 521.291.
3-60 The presiding officer shall set the case for hearing at the
3-61 earliest practical time.]
3-62 [Sec. 521.294. SUSPENSION; REVOCATION. (a) The
3-63 issue to be determined at the hearing is whether the license should
3-64 be suspended or revoked.]
3-65 [(b) The presiding officer shall determine whether a
3-66 person's license should be suspended or revoked, and the period of
3-67 a suspension, because the person:]
3-68 [(1) has operated a motor vehicle on a highway while
3-69 the person's license was suspended, canceled, disqualified, or
4-1 revoked, or without a license after an application for a license
4-2 was denied;]
4-3 [(2) has been responsible as an operator for any
4-4 accident resulting in death;]
4-5 [(3) is a habitually reckless or negligent operator of
4-6 a motor vehicle;]
4-7 [(4) is a habitual violator of the traffic laws;]
4-8 [(5) has permitted the unlawful or fraudulent use of
4-9 the person's license;]
4-10 [(6) has committed an offense in another state or
4-11 Canadian province that, if committed in this state, would be
4-12 grounds for suspension or revocation;]
4-13 [(7) has violated a restriction or an endorsement
4-14 imposed on the use of the license;]
4-15 [(8) has been responsible as a driver for any accident
4-16 resulting in serious personal injury or serious property damage;]
4-17 [(9) is the holder of a provisional license issued
4-18 under Section 521.123 and has been convicted of two or more moving
4-19 violations committed within a 12-month period; or]
4-20 [(10) has committed an offense under Section 545.421.]
4-21 [(c) The period of a suspension may not exceed one year. If
4-22 the hearing results in an affirmative finding that the person has
4-23 engaged in conduct proscribed by Subsection (b)(1), the period of
4-24 suspension is extended for an additional period of the lesser of:]
4-25 [(1) the term of the original suspension; or]
4-26 [(2) one year.]
4-27 [(d) The presiding officer shall determine whether a
4-28 person's license should be revoked because the person:]
4-29 [(1) is incapable of safely operating a motor vehicle;]
4-30 [(2) has not complied with the terms of a citation
4-31 issued by a jurisdiction that is a party to the Nonresident
4-32 Violator Compact of 1977 for a traffic violation to which that
4-33 compact applies;]
4-34 [(3) has failed to provide medical records or has
4-35 failed to undergo medical or other examinations as required by a
4-36 panel of the medical advisory board;]
4-37 [(4) has failed to pass an examination required by the
4-38 director under this chapter;]
4-39 [(5) has been reported by a court under Section
4-40 729.003 for failure to appear or for default in payment of a fine
4-41 unless the court files an additional report on final disposition of
4-42 the case; or]
4-43 [(6) has been reported by a justice or municipal court
4-44 for failure to appear or for a default in payment of a fine for a
4-45 misdemeanor punishable only by fine, other than a failure or
4-46 default reported under Section 729.003, committed by a person
4-47 younger than 17 years of age when the offense was committed, unless
4-48 the court files an additional report on final disposition of the
4-49 case.]
4-50 [(e) The presiding officer shall report the officer's
4-51 determination to the department.]
4-52 [(f) The director may suspend the person's license for the
4-53 recommended period or revoke the license in accordance with the
4-54 presiding officer's determination.]
4-55 [(g) The license holder or department may appeal the ruling
4-56 of the presiding officer by filing a petition in the manner
4-57 provided by Section 521.302.]
4-58 [(h) For the purposes of this subchapter, a person is a
4-59 "habitual violator" if the person has four or more convictions that
4-60 arise out of different transactions in 12 consecutive months, or
4-61 seven or more convictions that arise out of different transactions
4-62 in 24 months, if the convictions are for moving violations of the
4-63 traffic laws of any state, Canadian province, or political
4-64 subdivision, other than a violation under:]
4-65 [(1) Section 621.101, 621.201, or 621.203-621.207;]
4-66 [(2) Subchapter B or C, Chapter 623; or]
4-67 [(3) Section 545.413.]
4-68 [Sec. 521.295. HABITUAL VIOLATORS; NOTICE. (a) The
4-69 director may give a license holder notice of a pending hearing by
5-1 publishing notice not later than the 31st day before the date of
5-2 the hearing in a newspaper of general circulation in the county in
5-3 which the holder resides, as shown in the department's records, if:]
5-4 [(1) the hearing is to determine whether the license
5-5 holder is a habitual violator of the traffic laws; and]
5-6 [(2) notice under Section 521.291(b) is returned to
5-7 the department because:]
5-8 [(A) the department has not been notified of the
5-9 holder's correct address; or]
5-10 [(B) the holder has refused to accept the
5-11 notice.]
5-12 [(b) The notice must:]
5-13 [(1) specify the place, time, and date of the hearing;
5-14 and]
5-15 [(2) state that the department is entitled to suspend
5-16 for a period not to exceed one year the license of a person who is
5-17 determined to be a habitual violator of the traffic laws.]
5-18 Sec. 521.304 [521.296]. CANCELLATION OF MINOR'S LICENSE ON
5-19 COSIGNER'S REQUEST; RELEASE FROM LIABILITY. (a) The person who
5-20 cosigned a minor's application for a driver's license under Section
5-21 521.145 may file with the department a request that the department
5-22 cancel the license. The request must be in writing and
5-23 acknowledged.
5-24 (b) On receipt of a request under Subsection (a), the
5-25 department shall cancel the minor's license. On cancellation, the
5-26 person who cosigned the application is released from liability
5-27 based on the person's signing of the application for any subsequent
5-28 negligence or wilful misconduct of the minor in operating a motor
5-29 vehicle.
5-30 Sec. 521.305 [521.297]. CANCELLATION OF MINOR'S LICENSE ON
5-31 DEATH OF COSIGNER. On receipt of information satisfactory to the
5-32 department of the death of a person who cosigned a minor's
5-33 application for a driver's license under Section 521.145, the
5-34 department shall cancel the license if the license holder is under
5-35 18 years of age and the department may not issue a new license
5-36 until the minor files a new application that complies with this
5-37 chapter.
5-38 Sec. 521.306 [521.299]. EFFECT OF CONDUCT IN OTHER
5-39 JURISDICTION; SUSPENSION UNDER DRIVER'S LICENSE COMPACT. (a) The
5-40 department may suspend or revoke the license of a resident or the
5-41 operating privilege of a nonresident to operate a motor vehicle in
5-42 this state on receipt of notice of a conviction of the individual
5-43 in another state or a Canadian province of an offense that, if
5-44 committed in this state, would be grounds for the suspension or
5-45 revocation of a driver's license.
5-46 (b) The department may give the same effect to the conduct
5-47 of a resident of this state that occurs in another state or
5-48 Canadian province that the department may give to conduct that
5-49 occurs in this state under state law.
5-50 (c) The department may seek the suspension of the license of
5-51 a person who has failed to comply with the terms of a citation to
5-52 which Chapter 523 applies.
5-53 Sec. 521.307 [521.300]. SUSPENSION OF CERTAIN PROVISIONAL
5-54 LICENSES. (a) On the recommendation of a juvenile court with
5-55 jurisdiction over the holder of a provisional license, the
5-56 department shall suspend a provisional license if it is found by
5-57 the juvenile court that the provisional license holder has
5-58 committed:
5-59 (1) an offense that would be classified as a felony if
5-60 the license holder were an adult; or
5-61 (2) a misdemeanor in which a motor vehicle was used to
5-62 travel to or from the scene of the offense, other than an offense
5-63 specified by Chapter 729.
5-64 (b) The department shall suspend the license for the period
5-65 set by the juvenile court but not to exceed one year.
5-66 (c) The court shall report its recommendation promptly to
5-67 the department in the manner and form prescribed by the department.
5-68 [Sec. 521.301. ORDER BINDING. A suspension, cancellation,
5-69 or revocation order of the department is binding on the person to
6-1 whom it pertains unless the person appeals the order as provided by
6-2 Section 521.303 or unless the person establishes that a hearing was
6-3 timely requested under Section 521.344(g) but was not held.]
6-4 Sec. 521.308 [521.302]. APPEAL; JUDICIAL REVIEW. (a) A
6-5 person whose driver's license suspension or revocation has been
6-6 sustained by a presiding officer [suspended] under this
6-7 subchapter[, whose license suspension has been probated under
6-8 Section 521.303, or who is denied a license or whose driver's
6-9 license has been canceled or revoked by the department] may appeal
6-10 the decision of the presiding officer [action unless the
6-11 suspension, cancellation, or revocation is automatic under this
6-12 chapter or Chapter 522].
6-13 (b) To appeal the decision of the presiding officer
6-14 [action], the person must file a petition not later than the 30th
6-15 day after the date on which the department order was entered in the
6-16 county court at law of the county in which the person resides, or,
6-17 if there is no county court at law, in the county court. The
6-18 person must send a file-stamped copy of the petition, certified by
6-19 the clerk of the court in which the petition is filed, to the
6-20 department by certified mail.
6-21 (c) The court shall notify the department of the hearing not
6-22 later than the 31st day before the date the court sets for the
6-23 hearing.
6-24 (d) The court shall take testimony, examine the facts of the
6-25 case, and determine whether the petitioner is [entitled to a
6-26 license or is] subject to the [cancellation, denial,] suspension[,]
6-27 or revocation of a license under this subchapter [chapter].
6-28 (e) A trial on appeal is a trial de novo, and the person
6-29 [license holder] has the right to trial by jury.
6-30 (f) The filing of a petition of appeal as provided by this
6-31 section stays an order of [cancellation,] suspension, probated
6-32 suspension, or revocation until the earlier of the 91st day after
6-33 the date the appeal petition is filed or the date the trial is
6-34 completed and final judgment is rendered.
6-35 (g) On expiration of the stay, the department shall impose
6-36 the suspension, probated suspension, or revocation. The stay may
6-37 not be extended, and an additional stay may not be granted.
6-38 Sec. 521.309 [521.303]. PROBATION OF SUSPENSION. (a) On
6-39 determining that a license shall be suspended, the presiding
6-40 officer who conducts a hearing under this subchapter [Section
6-41 521.291], or the court that tries an appeal under this subchapter
6-42 [Section 521.302], may recommend that the suspension be probated on
6-43 any terms and conditions considered necessary or proper by the
6-44 presiding officer or court, if it appears that justice and the best
6-45 interests of the public and the person [defendant] will be served
6-46 by the probation.
6-47 (b) The revocation of a license may not be probated.
6-48 (c) The report to the department of the results of the
6-49 hearing must include any terms and conditions of the probation.
6-50 (d) [(c)] If probation is recommended, the department shall
6-51 probate the suspension.
6-52 (e) [(d)] If a presiding officer or a court probates a
6-53 suspension of a [driver's] license [or privilege] under this
6-54 section, the probationary period shall be for a term of not less
6-55 than 90 days or more than two years.
6-56 Sec. 521.310 [521.304]. PROBATION VIOLATION. (a) If the
6-57 director believes that a person [license holder] who has been
6-58 placed on probation under Section 521.309 [521.303] has violated a
6-59 term or condition of the probation, the director shall notify the
6-60 person [holder] and summon the person [holder] to appear at a
6-61 hearing in the court or before the presiding officer or judge who
6-62 [that] recommended that the person be placed on probation
6-63 [suspension be probated,] after notice as provided by Sections
6-64 521.295 and 521.296 [Section 521.291].
6-65 (b) The issue at the hearing under this section is whether a
6-66 term or condition of the probation has been violated. The
6-67 presiding officer or judge presiding at the hearing shall report
6-68 the finding to the department. If the finding is that a term or
6-69 condition of the probation has been violated, the department shall
7-1 take the action [suspend the license] as determined in the original
7-2 hearing.
7-3 Sec. 521.311 [521.305]. EFFECTIVE DATE OF ORDER. Except as
7-4 provided by another section of this subchapter to the contrary, a
7-5 [A] decision under this subchapter takes effect on the 11th day
7-6 after the date on which an order is rendered.
7-7 Sec. 521.312 [521.306]. PERIOD OF SUSPENSION OR REVOCATION;
7-8 REINSTATEMENT OF LICENSE. (a) Revocation of a license is for an
7-9 indefinite period [and may not be probated].
7-10 (b) Except as provided by Subsection (c), Section
7-11 521.293(b), or [of this section and] Subchapter O, the department
7-12 may not suspend a license for a period that exceeds one year.
7-13 (c) The department may not reinstate a license revoked
7-14 [suspended] under Section 521.294(5) [521.294(d)(5)] until the
7-15 court that filed the report for which the license was revoked
7-16 [suspended] files an additional report on final disposition of the
7-17 case.
7-18 Sec. 521.313. REINSTATEMENT AND REISSUANCE; FEE. (a) A
7-19 license suspended or revoked under this subchapter may not be
7-20 reinstated or another license issued to the person until the person
7-21 pays the department a fee of $100 in addition to any other fee
7-22 required by law.
7-23 (b) The payment of a reinstatement fee is not required if a
7-24 suspension or revocation under this subchapter is:
7-25 (1) rescinded by the department; or
7-26 (2) not sustained by a presiding officer or a court.
7-27 [(d) The department may not reinstate a license suspended or
7-28 revoked under this subchapter unless the person whose license was
7-29 suspended or revoked applies to the department for reinstatement of
7-30 the license and pays a $50 reinstatement fee to the department.]
7-31 Sec. 521.314 [521.307]. CANCELLATION AUTHORITY. The
7-32 department may cancel a license or certificate if it determines
7-33 that the holder:
7-34 (1) was not entitled to the license or certificate; or
7-35 (2) failed to give required information in the
7-36 application for the license or certificate.
7-37 Sec. 521.315 [521.308]. SURRENDER OF LICENSE; RETURN. (a)
7-38 On the suspension or revocation of a license by the department, the
7-39 department may [shall] require the holder to surrender the license
7-40 to the department.
7-41 (b) The department shall return a suspended license to the
7-42 holder on the expiration of the suspension period.
7-43 Sec. 521.316 [521.309]. SUSPENDED FOREIGN LICENSE. A person
7-44 whose driver's license or privilege to operate a vehicle in this
7-45 state is suspended or revoked under this chapter may not operate a
7-46 motor vehicle in this state under a license, permit, or
7-47 registration certificate issued by any other state or Canadian
7-48 province during the suspension period or after the revocation until
7-49 a new license is obtained as provided by this chapter.
7-50 Sec. 521.317 [521.310]. DENIAL OF LICENSE RENEWAL AFTER
7-51 WARNING. The department may deny the renewal of the driver's
7-52 license of a person about whom the department has received
7-53 information under Section 706.004 until the date the department
7-54 receives a notification from the political subdivision under
7-55 Section 706.005 that there is no cause to deny the renewal based on
7-56 the person's previous failure to appear for a complaint, citation,
7-57 or court order to pay a fine involving a violation of a traffic
7-58 law.
7-59 Sec. 521.318 [521.311]. NONRESIDENTS. (a) The department
7-60 may suspend or revoke a nonresident's operating privilege in the
7-61 same manner and for the same causes as a driver's license issued
7-62 under this chapter.
7-63 (b) On receipt of a record of conviction of a nonresident in
7-64 this state under the motor vehicle laws of this state, the
7-65 department may forward a certified copy of the record to the motor
7-66 vehicle administrator of the state or Canadian province of which
7-67 the convicted person is a resident.
7-68 Sec. 521.319 [521.312]. REVOCATION FOR MEDICAL REASONS. (a)
7-69 A person may not operate a motor vehicle if the person:
8-1 (1) is a chemically dependent person who:
8-2 (A) is likely to cause serious harm to the
8-3 person or to others; or
8-4 (B) will, if not treated, continue to suffer
8-5 abnormal mental, emotional, or physical distress, or to deteriorate
8-6 in ability to function independently; or
8-7 (2) has been determined by a judgment of a court to be
8-8 totally incapacitated or incapacitated to act as the operator of a
8-9 motor vehicle.
8-10 (b) The driver's license of a person is revoked on:
8-11 (1) the judgment of a court that the person is totally
8-12 incapacitated or incapacitated to act as the operator of a motor
8-13 vehicle; or
8-14 (2) the order of a court of involuntary treatment of
8-15 the person under Subchapter D, Chapter 462, Health and Safety Code.
8-16 (c) If the person has not been issued a driver's license,
8-17 the judgment or order of a court under Subsection (b) automatically
8-18 prohibits the department from issuing a driver's license to the
8-19 person.
8-20 (d) The clerk of the court that renders a judgment or enters
8-21 an order under Subsection (b) shall notify the department of the
8-22 court's judgment or order before the 10th day after the date the
8-23 court renders the judgment or enters the order.
8-24 (e) The revocation of a driver's license under Subsection
8-25 (b) or the prohibition against the issuance of a driver's license
8-26 under Subsection (c) expires on the date on which:
8-27 (1) the person is:
8-28 (A) restored to capacity by judicial decree; or
8-29 (B) released from a hospital for the mentally
8-30 incapacitated on a certificate of the superintendent or
8-31 administrator that the person has regained capacity; or
8-32 (2) the order of involuntary treatment of the
8-33 chemically dependent person expires.
8-34 (f) Before the 10th day after the date under Subsection
8-35 (e)(1)(A) or (2), the clerk of the appropriate court shall notify
8-36 the department that:
8-37 (1) the person has been restored to capacity by
8-38 judicial decree; or
8-39 (2) the order of involuntary treatment has expired or
8-40 has been terminated under Section 462.080(d), Health and Safety
8-41 Code.
8-42 (g) Before the 10th day after the date under Subsection
8-43 (e)(1)(B), the superintendent or administrator of the hospital
8-44 shall notify the department that the person has been released from
8-45 the hospital on a certificate that the person has regained
8-46 capacity.
8-47 (h) In this section:
8-48 (1) "Chemically dependent person" means a person with
8-49 chemical dependency.
8-50 (2) "Chemical dependency" and "treatment" have the
8-51 meanings assigned [those terms] by Section 462.001, Health and
8-52 Safety Code.
8-53 Sec. 521.320 [521.314]. SUSPENSION FOR CERTAIN CRIMINAL
8-54 MISCHIEF; LICENSE DENIAL. (a) A court may order the department to
8-55 suspend a person's driver's license on conviction of an offense
8-56 under Section 28.08, Penal Code.
8-57 (b) A court may order the department to deny an application
8-58 for reinstatement or issuance of a driver's license to a person
8-59 convicted of an offense under Section 28.08, Penal Code, who, on
8-60 the date of the conviction, did not hold a driver's license.
8-61 (c) The period of suspension under this section is one year
8-62 after the date of a final conviction. The period of license denial
8-63 is one year after the date the person applies to the department for
8-64 reinstatement or issuance of a driver's license.
8-65 (d) The department may not reinstate a driver's license
8-66 suspended under Subsection (a) unless the person whose license was
8-67 suspended applies to the department for reinstatement.
8-68 (e) A person whose license is suspended under Subsection (a)
8-69 remains eligible to receive an occupational license under
9-1 Subchapter L.
9-2 (f) For the purposes of this section, a person is convicted
9-3 of an offense regardless of whether sentence is imposed or the
9-4 person is placed on community supervision for the offense under
9-5 Article 42.12, Code of Criminal Procedure.
9-6 SECTION 2. Section 521.344(h), Transportation Code, is
9-7 amended to read as follows:
9-8 (h) The hearing shall be held in a municipal or justice
9-9 court in the county of the person's residence in the manner
9-10 provided for a suspension hearing under Subchapter N [Section
9-11 521.291]. The issues to be determined at the hearing are whether
9-12 the person has successfully completed a required educational
9-13 program and whether the period for completion of the program has
9-14 passed. If the presiding officer determines that the educational
9-15 program has not been completed and the period for completion has
9-16 passed, the officer shall confirm the revocation or prohibition and
9-17 shall notify the department of that fact. The director may not
9-18 revoke or prohibit the license if the officer finds that the
9-19 program has been completed, that, before the hearing, the court
9-20 that originally imposed the requirement to attend an educational
9-21 program has granted an extension that has not expired, or that the
9-22 period for completion has not passed. If the person or the
9-23 person's agent fails to appear at the hearing, the department shall
9-24 revoke the person's license until the department receives notice of
9-25 successful completion of the educational program.
9-26 SECTION 3. Section 522.087(b), Transportation Code, is
9-27 amended to read as follows:
9-28 (b) Disqualifying a person under Section 522.081(a) or
9-29 (d)(1) is subject to the notice and hearing procedures of Sections
9-30 521.295-521.303 [Section 521.304]. An appeal of the
9-31 disqualification is subject to Section 521.308 [521.302].
9-32 SECTION 4. Section 601.156(a), Transportation Code, is
9-33 amended to read as follows:
9-34 (a) A hearing under this subchapter is subject to the notice
9-35 and hearing procedures of Sections 521.295-521.303 and shall be
9-36 heard by a judge of a municipal court or a [the] justice of the
9-37 peace of the county [precinct] in which the person requesting the
9-38 hearing resides. A party is not entitled to a jury.
9-39 SECTION 5. Section 601.158, Transportation Code, is amended
9-40 by amending Subsection (b) and adding Subsections (c)-(f) to read
9-41 as follows:
9-42 (b) To appeal a determination under Subsection (a), the
9-43 person must file a petition not later than the 30th day after the
9-44 date of the determination in the county court at law of the county
9-45 in which the person resides, or, if there is no county court at
9-46 law, in [An appeal under this section is by trial de novo to] the
9-47 county court of the county [in which the hearing was held].
9-48 (c) A person who files an appeal under this section shall
9-49 send a file-stamped copy of the petition by certified mail to the
9-50 department at the department's headquarters in Austin. The copy
9-51 must be certified by the clerk of the court in which the petition
9-52 is filed.
9-53 (d) The filing of a petition of appeal as provided by this
9-54 section stays an order of suspension until the earlier of the 91st
9-55 day after the date the appeal petition is filed or the date the
9-56 trial is completed and final judgment is rendered.
9-57 (e) On expiration of the stay, the department shall impose
9-58 the suspension. The stay may not be extended, and an additional
9-59 stay may not be granted.
9-60 (f) A trial on appeal is de novo.
9-61 SECTION 6. Section 601.401, Transportation Code, is amended
9-62 to read as follows:
9-63 Sec. 601.401. DEPARTMENT ACTIONS [ACTS] SUBJECT TO REVIEW.
9-64 (a) An action [act] of the department under this chapter may be
9-65 appealed, unless:
9-66 (1) an order of suspension by the department is based
9-67 on an existing unsatisfied final judgment rendered against a person
9-68 by a court in this state arising out of the use of a motor vehicle
9-69 in this state; or
10-1 (2) the suspension is automatic under Section
10-2 601.231(a).
10-3 (b) To appeal an action of the department, the person must
10-4 file a petition not later than the 30th day after the date of the
10-5 action [by a person in interest] in[:]
10-6 [(1)] the county court at law in the county in which
10-7 the person resides or[;]
10-8 [(2)] the county court of the county in which the
10-9 person resides, if the county does not have a county court at law[;
10-10 or]
10-11 [(3) the district court of the county in which the
10-12 person resides if:]
10-13 [(A) the county does not have a county court at
10-14 law; and]
10-15 [(B) the county court does not have the civil
10-16 jurisdiction provided by general law for a county court].
10-17 (c) A person who files an appeal under this section shall
10-18 send a file-stamped copy of the petition by certified mail to the
10-19 department at the department's headquarters in Austin. The copy
10-20 must be certified by the clerk of the court in which the petition
10-21 is filed.
10-22 (d) The filing of a petition of appeal as provided by this
10-23 section stays an order of suspension until the earlier of the 91st
10-24 day after the date the appeal petition is filed or the date the
10-25 trial is completed and final judgment is rendered.
10-26 (e) On expiration of the stay, the department shall impose
10-27 the suspension. The stay may not be extended, and an additional
10-28 stay may not be granted.
10-29 (f) A trial on appeal is de novo.
10-30 SECTION 7. Section 2001.221, Government Code, is amended to
10-31 read as follows:
10-32 Sec. 2001.221. DRIVER'S LICENSES. This chapter does not
10-33 apply to a suspension, revocation, cancellation, denial, or
10-34 disqualification of a driver's license or commercial driver's
10-35 license as authorized by:
10-36 (1) Subchapter N, Chapter 521, Transportation Code,
10-37 except Sections 521.304 [521.296] and 521.305 [521.297] of that
10-38 subchapter, or by Subchapter O or P of that chapter;
10-39 (2) Chapter 522, Transportation Code;
10-40 (3) Chapter 601, Transportation Code; or
10-41 (4) Section 13, Article 42.12, Code of Criminal
10-42 Procedure.
10-43 SECTION 8. Section 2002.023, Government Code, is amended to
10-44 read as follows:
10-45 Sec. 2002.023. EXCEPTIONS. This subchapter does not apply
10-46 to:
10-47 (1) a suspension, revocation, cancellation, denial, or
10-48 disqualification of a driver's license or commercial driver's
10-49 license as authorized by:
10-50 (A) Subchapter N, Chapter 521, Transportation
10-51 Code, except Sections 521.304 [521.296] and 521.305 [521.297] of
10-52 that subchapter, or by Subchapter O or P of that chapter;
10-53 (B) Chapter 522, Transportation Code;
10-54 (C) Chapter 601, Transportation Code;
10-55 (D) Chapter 724, Transportation Code; or
10-56 (E) Section 13, Article 42.12, Code of Criminal
10-57 Procedure;
10-58 (2) matters related solely to the internal personnel
10-59 rules and practices of a state agency;
10-60 (3) the Texas Workforce Commission, other than to
10-61 matters of unemployment insurance maintained by the commission; or
10-62 (4) a rule or internal procedure of the Texas
10-63 Department of Criminal Justice or Texas Board of Criminal Justice
10-64 that applies to an inmate or any other person under the custody or
10-65 control of the department or to an action taken under that rule or
10-66 procedure.
10-67 SECTION 9. Sections 601.402-601.410, Transportation Code,
10-68 are repealed.
10-69 SECTION 10. This Act takes effect September 1, 2000. The
11-1 changes in law to Subchapter N, Chapter 521, Transportation Code,
11-2 Sections 521.344 and 522.087 of that code, and Chapter 601 of that
11-3 code made by this Act apply only to a suspension, revocation, or
11-4 other action in connection with a license to operate a motor
11-5 vehicle in this state that commences under Subchapter N, Chapter
11-6 521, Transportation Code, Section 521.344 of that code, or Chapter
11-7 601 of that code on or after September 1, 2000. A suspension,
11-8 revocation, or other action in connection with a license to operate
11-9 a motor vehicle that commenced under Subchapter N, Chapter 521,
11-10 Transportation Code, Section 521.344 of that code, or Chapter 601
11-11 of that code before September 1, 2000, is governed by the law in
11-12 effect on the date that the suspension, revocation, or other action
11-13 commenced, and the former law is continued in effect for that
11-14 purpose.
11-15 SECTION 11. The importance of this legislation and the
11-16 crowded condition of the calendars in both houses create an
11-17 emergency and an imperative public necessity that the
11-18 constitutional rule requiring bills to be read on three several
11-19 days in each house be suspended, and this rule is hereby suspended.
11-20 * * * * *