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