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                                 * * * * *