By Flores H.B. No. 3687
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation of driving while license suspended or
1-3 invalid statutes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter (A) Section 521.001, Transportation
1-6 Code is amended to read as follows:
1-7 Subchapter (A), Section 521.001. DEFINITIONS.
1-8 (3) "Driver's license" or "license" means an
1-9 authorization to operate a motor vehicle that is issued under or
1-10 granted by the laws of this state. [issued by the department for
1-11 the operation of a motor vehicle.] The term includes:
1-12 (A) an authorization issued by the department
1-13 for the operation of a motor vehicle;
1-14 (B) [(A)] a temporary license or instruction
1-15 permit; [and]
1-16 (C) [(B)] an occupational license[.] ;
1-17 (D) the privilege of a person to operate a motor
1-18 vehicle regardless of whether the person holds a driver's license;
1-19 and
1-20 (E) a nonresident's operating privilege.
1-21 (4) "Gross combination weight rating" has the meaning
1-22 assigned by Section 522.003.
1-23 (5) "Gross vehicle weight rating" has the meaning
1-24 assigned by Section 522.003.
2-1 [(6) "License" means an authorization to operate a
2-2 motor vehicle that is issued under or granted by the laws of this
2-3 state. The term includes:]
2-4 [(A) a driver's license;]
2-5 [(B) the privilege of a person to operate a
2-6 motor vehicle regardless of whether the person holds a driver's
2-7 license; and]
2-8 [(C) a nonresident's operating privilege.]
2-9 (6) [(7)] "Nonresident" means a person who is not a
2-10 resident of this state.
2-11 (7) [(8)] "State" means a state, territory, or
2-12 possession of the United States, the District of Columbia, or the
2-13 Commonwealth of Puerto Rico.
2-14 (b) A word or phrase that is not defined by this chapter but
2-15 is defined by Subtitle C has the meaning in this chapter that is
2-16 assigned by that subtitle.
2-17 SECTION 2. Subchapter O, Chapter 521.343, TRC. PERIOD OF
2-18 SUSPENSION; EXTENSION is amended to read:
2-19 Subchapter O, Chapter 521.343, TRC. PERIOD OF SUSPENSION;
2-20 EXTENSION (a) Except as provided by Sections 521.342(b),
2-21 521.344(a), (b), (e), (f), (g), (h), and (i), 521.345, 521,
2-22 521.346, and 521.3465, a suspension under this subchapter is for
2-23 one year.
2-24 (b) If a license, permit, or privilege is suspended under
2-25 this subchapter for a subsequent period, the subsequent suspension
2-26 is for 18 months except as otherwise provided by a section listed
2-27 in Subsection (a).
3-1 (c) If the license holder is convicted of operating a motor
3-2 vehicle while the license, permit, or privilege to operate a motor
3-3 vehicle is cancelled, disqualified, suspended, revoked, or denied,
3-4 the period is extended:
3-5 (1) for the same term as the original suspension or
3-6 disqualification, in addition to an penalty assessed under this
3-7 chapter or Chapter 522 or
3-8 (2) for the same term as the original cancellation,
3-9 revocation, or denial or one year, whichever is shorter.
3-10 SECTION 2. Subchapter S, Chapter 521.457, TRC, DRIVING WHILE
3-11 LICENSE INVALID is amended to read as follows:
3-12 Subchapter S, Chapter 521.457, TRC, DRIVING WHILE LICENSE
3-13 INVALID. A person commits an offense if the person operates a motor
3-14 vehicle on a highway:
3-15 (1) after the person's driver's license, permit, or
3-16 privilege has been canceled under this chapter if the person does
3-17 not have a license that subsequently issued under this chapter;
3-18 (2) during a period that the person's driver's
3-19 license, permit, or privilege is suspended or revoked including,
3-20 but not limited to suspensions, revocations, or denials under the
3-21 following [under]:
3-22 (A) this chapter;
3-23 (B) Chapter 524;
3-24 [(C) Chapter 724;]
3-25 [(D) Article 42.12, Code of Criminal Procedure]
3-26 (C) Chapter 601;
3-27 (D) Chapter 724;
4-1 (E) Article 42.12, Code of Criminal Procedure
4-2 (F) Article 49.02, Penal Code
4-3 (G) Chapter 106, Alcohol Beverage Code
4-4 (H) Chapter 54, Family Code
4-5 (I) Chapter 232, Family Code
4-6 (J) Chapter 161, Health and Safety Code
4-7 (3) while the person's driver's license or permit is
4-8 expired if the license or permit expired during a period of
4-9 suspension, revocation, or denial including but not limited to
4-10 suspensions, revocations, or denials under the following [imposed
4-11 under]:
4-12 (A) this chapter;
4-13 (B) Chapter 524;
4-14 [(C) Chapter 724;]
4-15 [(D) Article 42.12, Code of Criminal Procedure]
4-16 (C) Chapter 601;
4-17 (D) Chapter 724;
4-18 (E) Article 42.12, Code of Criminal Procedure
4-19 (F) Article 49.02, Penal Code
4-20 (G) Chapter 106, Alcohol Beverage Code
4-21 (H) Chapter 54, Family Code
4-22 (I) Chapter 232, Family Code
4-23 (J) Chapter 161, Health and Safety Code
4-24 (4) after renewal of the person's driver's license has
4-25 been denied under Chapter 706, if the person does not have a
4-26 driver's license subsequently issued under this chapter.
4-27 (b) A person commits an offense if the person is the subject
5-1 of an order issued to [under this chapter or Chapter 724 that]
5-2 prohibit[s] the person from obtaining a driver's license or permit
5-3 and the person operates a motor vehicle on a highway. This
5-4 includes but is not limited to suspensions, revocations, or denials
5-5 under the following:
5-6 (A) this chapter;
5-7 (B) Chapter 524;
5-8 [(C) Chapter 724;]
5-9 [(D) Article 42.12, Code of Criminal Procedure]
5-10 (C) Chapter 601;
5-11 (D) Chapter 724;
5-12 (E) Article 42.12, Code of Criminal Procedure
5-13 (F) Article 49.02, Penal Code
5-14 (G) Chapter 106, Alcohol Beverage Code
5-15 (H) Chapter 54, Family Code
5-16 (I) Chapter 232, Family Code
5-17 (J) Chapter 161, Health and Safety Code
5-18 SECTION 4. Subchapter L, Chapter 601.371, TRC, OPERATION OF
5-19 A MOTOR VEHICLE IN VIOLATION OF SUSPENSION; OFFENSE is amended to
5-20 read as follows:
5-21 Subchapter L, Chapter 601.371, TRC, OPERATION OF A MOTOR
5-22 VEHICLE IN VIOLATION OF SUSPENSION; OFFENSE [(a) A person commits
5-23 an offense if the person operated a motor vehicle on a highway:]
5-24 [(1) during a period that a suspension of the person's
5-25 driver's license or nonresident's operating privilege is in effect
5-26 under this chapter; or]
5-27 [(2) while the person's driver's license is expired,
6-1 if the license expired during a period of suspension imposed under
6-2 this chapter.]
6-3 [(b)] (a)
6-4 [(c)] (b) It is an affirmative defense to prosecution under
6-5 this section that the person had not received notice of a
6-6 suspension order concerning the person's [driver's license,
6-7 nonresident's operating privilege, or] vehicle registration. For
6-8 purposes of this subsection, notice is presumed to be received if
6-9 the notice was mailed in accordance with this chapter to the last
6-10 known address of the person as shown by department records.
6-11 [(d)] (c)
6-12 [(e)] (d) If it is shown on the trial of an offense under
6-13 this section that the person has previously been convicted of an
6-14 offense under this section [or under Section 521.457,] the offense
6-15 is punishable as a Class A misdemeanor.
6-16 [(f)] (e)
6-17 SECTION 5. This act takes effect September 1, 1999.
6-18 SECTION 6. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three consecutive
6-22 days in each house be suspended, and that this Act take effect and
6-23 be in force from and after its passage, and it is so enacted.