By Carona                                              S.B. No. 101
         76R184 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to revocation of a driver's license following certain
 1-3     convictions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter N, Chapter 521, Transportation Code,
 1-6     is amended by adding Section 521.3121 to read as follows:
 1-7           Sec. 521.3121.  REVOCATION FOR MULTIPLE CONVICTIONS OF
 1-8     OFFENSE INVOLVING OPERATING MOTOR VEHICLE WHILE INTOXICATED.  (a)
 1-9     In this section, "offense  relating to the operation of a motor
1-10     vehicle while intoxicated" means:
1-11                 (1)  an offense under Section 49.04, Penal Code; or
1-12                 (2)  an offense under Section 49.07 or 49.08, Penal
1-13     Code, that involves the operation of a motor vehicle.
1-14           (b)  Notwithstanding any other provision of this chapter to
1-15     the contrary, on the third conviction of a person for an offense
1-16     relating to the operation of a motor vehicle while intoxicated the
1-17     person's driver's license is automatically revoked.
1-18           (c)  Section 13(g), Article 42.12, Code of Criminal
1-19     Procedure, and Section 521.344(d) do not apply to revocation of a
1-20     driver's license under this section.
1-21           (d)  The department may not issue a driver's license at any
1-22     time to a person whose license has been revoked under this section.
1-23           SECTION 2.  Section 521.347(a), Transportation Code, is
1-24     amended to read as follows:
 2-1           (a)  The court in which a person is convicted of an offense
 2-2     for which this chapter or Chapter 522 requires automatic suspension
 2-3     or revocation of the person's driver's license shall require the
 2-4     person to surrender to the court each driver's license held by the
 2-5     person.  Not later than the 10th day after the date on which the
 2-6     license is surrendered to the court, the clerk of the court shall
 2-7     send to the department:
 2-8                 (1)  the license; and
 2-9                 (2)  a record of the conviction that states whether the
2-10     vehicle involved in the offense was a commercial motor vehicle as
2-11     defined by Chapter 522 or was involved in the transport of
2-12     hazardous materials.
2-13           SECTION 3.  This Act takes effect September 1, 1999, and
2-14     applies to an offense that would result in a driver's license
2-15     revocation under Section 521.3121, Transportation Code, as added by
2-16     this Act, and that is committed on or after the effective date of
2-17     this Act.  For the purposes of Section 521.3121, Transportation
2-18     Code, as added by this Act, a fourth or subsequent conviction of an
2-19     offense described by Section 521.3121(a), Transportation Code, as
2-20     added by this Act, that occurs on or after the effective date of
2-21     this Act shall be treated as a third conviction.  For the purposes
2-22     of this section, an offense is committed before the effective date
2-23     of this Act if any element of the offense occurs before that date.
2-24     An offense committed before the effective date of this Act is
2-25     covered by the law in effect when the offense was committed, and
2-26     the former law is continued in effect for that purpose.
2-27           SECTION 4.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.