By: Nelson, Zaffirini S.B. No. 128
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the civil and criminal consequences of possessing or
1-2 consuming an alcoholic beverage in a motor vehicle or operating a
1-3 motor vehicle while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.03, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
1-8 IN MOTOR VEHICLE. (a) A person commits an offense if the person
1-9 consumes an alcoholic beverage while operating a motor vehicle in a
1-10 public place [and is observed doing so by a peace officer].
1-11 (b) An occupant of a motor vehicle that is located on a
1-12 public highway, or on the right-of-way of a public highway,
1-13 including a rest area, comfort station, picnic area, roadside park,
1-14 or scenic overlook situated on the right-of-way of a public
1-15 highway, commits an offense if the person:
1-16 (1) consumes an alcoholic beverage; or
1-17 (2) possesses in the passenger area of the motor
1-18 vehicle a bottle, can, or other receptacle that:
1-19 (A) contains an alcoholic beverage; and
1-20 (B) has been opened, has a broken seal, or has
1-21 the contents partially removed.
1-22 (c) It is an affirmative defense to prosecution under
1-23 Subsection (b) that the person consuming the alcoholic beverage is,
1-24 or that the receptacle containing the alcoholic beverage is in the
2-1 possession of:
2-2 (1) a passenger in the living quarters of a house
2-3 coach or house trailer; or
2-4 (2) a passenger in a motor vehicle designed,
2-5 maintained, or used primarily for the transportation of persons for
2-6 compensation.
2-7 (d) An offense under this section is a Class C misdemeanor.
2-8 SECTION 2. Chapter 502, Transportation Code, is amended by
2-9 adding Subchapter I to read as follows:
2-10 SUBCHAPTER I. SUSPENSION OF REGISTRATION OF REPEAT
2-11 DWI OFFENDERS
2-12 Sec. 502.451. SUSPENSION OF REGISTRATION. (a) In this
2-13 section, "offense relating to the operating of a motor vehicle" has
2-14 the meaning assigned by Section 49.09, Penal Code.
2-15 (b) The Department of Public Safety shall automatically
2-16 suspend all vehicle registrations of a person:
2-17 (1) who is convicted of a second or subsequent offense
2-18 relating to the operating of a motor vehicle while intoxicated
2-19 committed within five years of the date on which the most recent
2-20 preceding offense was committed; and
2-21 (2) whose driver's license is suspended or revoked
2-22 under Subchapter O, Chapter 521.
2-23 (c) A suspension of a vehicle registration under this
2-24 section:
2-25 (1) begins on the date that the suspension or
2-26 revocation of the person's driver's license under Subchapter O,
3-1 Chapter 521, takes effect; and
3-2 (2) continues until the date on which:
3-3 (A) the period of driver's license suspension
3-4 terminates; or
3-5 (B) the revoked license is reinstated.
3-6 Sec. 502.452. PROHIBITION AGAINST RENEWAL OR OTHER
3-7 REGISTRATION. Before the expiration of the period of registration
3-8 suspension, a person whose vehicle registration is suspended under
3-9 Section 502.451 may not:
3-10 (1) renew the suspended vehicle registration; or
3-11 (2) register another vehicle in the person's name.
3-12 Sec. 502.453. OPERATION OF MOTOR VEHICLE IN VIOLATION OF
3-13 SUSPENSION; OFFENSE. (a) A person commits an offense if the
3-14 person, during a period that a suspension of the person's vehicle
3-15 registration is in effect under this subchapter:
3-16 (1) operates the vehicle on a highway; or
3-17 (2) knowingly permits the vehicle to be operated on a
3-18 highway.
3-19 (b) It is an affirmative defense to prosecution under this
3-20 section that the person had not received notice of a suspension
3-21 order concerning the person's vehicle registration. For purposes
3-22 of this subsection, notice is presumed to be received if the notice
3-23 was mailed in accordance with this chapter to the last known
3-24 address of the person as shown by department or Department of
3-25 Public Safety records.
3-26 (c) An offense under this section is a misdemeanor
4-1 punishable by:
4-2 (1) a fine of not less than $100 or more than $500;
4-3 and
4-4 (2) confinement in county jail for a term of not less
4-5 than 72 hours or more than six months.
4-6 Sec. 502.454. NOTICE OF SUSPENSION OF VEHICLE REGISTRATION.
4-7 (a) The Department of Public Safety shall give written notice of a
4-8 vehicle registration suspension under this subchapter.
4-9 (b) The notice must be by personal delivery to the person or
4-10 by deposit in the United States mail addressed to the person at the
4-11 last address supplied to the department or the Department of Public
4-12 Safety by the person.
4-13 (c) Notice by mail is presumed to be received on the 10th
4-14 day after the date the notice is mailed. Proof of the notice may
4-15 be made by the certificate of a Department of Public Safety
4-16 employee stating that:
4-17 (1) the notice was prepared in the regular course of
4-18 business and placed in the United States mail as part of the
4-19 regular organized activity of that department; or
4-20 (2) the employee delivered the notice in person.
4-21 (d) A certificate under Subsection (c)(2) must specify the
4-22 name of the person to whom the notice was given and the time,
4-23 place, and manner of the delivery of the notice.
4-24 Sec. 502.455. RETURN OF VEHICLE REGISTRATIONS AND LICENSE
4-25 PLATES TO DEPARTMENT OF PUBLIC SAFETY. (a) A person notified of a
4-26 vehicle registration suspension under Section 502.454 shall send to
5-1 the Department of Public Safety the person's vehicle registration
5-2 receipts and the license plates for the person's vehicles.
5-3 (b) The registration receipts and license plates must be
5-4 sent not later than the 10th day after the date the person receives
5-5 written notice from the Department of Public Safety.
5-6 Sec. 502.456. FAILURE TO RETURN VEHICLE REGISTRATIONS AND
5-7 LICENSE PLATES; OFFENSE. (a) A person commits an offense if the
5-8 person fails or refuses to timely send to the Department of Public
5-9 Safety the person's vehicle registration receipts and license
5-10 plates as required by Section 502.455.
5-11 (b) An offense under this section is a misdemeanor
5-12 punishable by:
5-13 (1) a fine of not less than $100 or more than $500;
5-14 and
5-15 (2) confinement in county jail for a term of not less
5-16 than 72 hours or more than six months.
5-17 (c) The Department of Public Safety shall direct an employee
5-18 of that department to obtain and send to that department the
5-19 vehicle registration receipts and license plates of a person who
5-20 fails to return the person's registration receipts and license
5-21 plates in accordance with Section 502.455.
5-22 (d) The director of the Department of Public Safety or a
5-23 person designated by the director may file a complaint against a
5-24 person for an offense under Subsection (a).
5-25 Sec. 502.457. TRANSFER OF VEHICLE REGISTRATION PROHIBITED.
5-26 (a) An owner whose vehicle registration has been suspended under
6-1 this subchapter may not:
6-2 (1) transfer the registration unless the transfer is
6-3 authorized under Subsection (b); or
6-4 (2) register in another name the motor vehicle to
6-5 which the registration applies.
6-6 (b) The Department of Public Safety may authorize the
6-7 transfer of a vehicle registration if the director of that
6-8 department determines that the transfer is proposed in good faith
6-9 and not to defeat the purposes of this subchapter.
6-10 (c) This section does not affect the rights of a conditional
6-11 vendor or lessor of, or person with a security interest in, a motor
6-12 vehicle owned by a person who is subject to this section if the
6-13 vendor, lessor, or secured party is not the registered owner of the
6-14 vehicle.
6-15 Sec. 502.458. REINSTATEMENT FEE. (a) A vehicle
6-16 registration that has been suspended under this subchapter may not
6-17 be reinstated and a new registration receipt or license plates may
6-18 not be issued to the person until the person pays to the Department
6-19 of Public Safety a fee of $50.
6-20 (b) The fee imposed by this section is in addition to other
6-21 fees imposed by law.
6-22 (c) A person is required to pay only one fee under this
6-23 section, without regard to the number of vehicle registrations and
6-24 license plates to be reinstated for or issued to the person in
6-25 connection with the payment.
6-26 SECTION 3. Section 521.251, Transportation Code, is amended
7-1 by redesignating existing Subsection (d) as Subsection (e) and
7-2 adding a new Subsection (d) to read as follows:
7-3 (d) Notwithstanding any other provision in this section, if
7-4 the person's driver's license has been suspended as a result of a
7-5 second or subsequent conviction under Section 49.04, 49.07, or
7-6 49.08, Penal Code, committed within five years of the date on which
7-7 the most recent preceding offense was committed, an order granting
7-8 the person an occupational license may not take effect before the
7-9 first anniversary of the effective date of the suspension.
7-10 (e) For the purposes of this section, "alcohol-related or
7-11 drug-related enforcement contact" has the meaning assigned by
7-12 Section 524.001.
7-13 SECTION 4. The section heading to and Subsections (a), (b),
7-14 and (d), Section 521.344, Transportation Code, are amended to read
7-15 as follows:
7-16 Sec. 521.344. SUSPENSION FOR OFFENSES INVOLVING INTOXICATION
7-17 [RELATED TO USE OF ALCOHOL]. (a) Except as provided by Sections
7-18 521.342(b) and 521.345, and by Subsections (d)-(i), if a person is
7-19 convicted of an offense under Section 49.04 or 49.07, Penal Code,
7-20 [that is committed as a result of the introduction of alcohol into
7-21 the body,] the license suspension:
7-22 (1) begins on a date set by the court that is not
7-23 earlier than the date of the conviction or later than the 30th day
7-24 after the date of the conviction, as determined by the court; and
7-25 (2) continues for a period set by the court according
7-26 to the following schedule:
8-1 (A) not less than 90 days or more than one year
8-2 if the person is punished under Section 49.04 or 49.07, Penal Code;
8-3 or
8-4 (B) not less than one year [180 days] or more
8-5 than two years, if the person is punished under Section 49.09,
8-6 Penal Code.
8-7 (b) Except as provided by Section 521.342(b), if a person is
8-8 convicted of an offense under Section 49.08, Penal Code, the
8-9 license suspension [begins]:
8-10 (1) begins on a date set by the court that is not
8-11 earlier than the date of the conviction or later than the 30th day
8-12 after the date of the conviction, as determined by the court; and
8-13 (2) continues for a period set by the court of not
8-14 less than one year [180 days] or more than two years.
8-15 (d) Except as provided by Subsection (e) and Section
8-16 521.342(b), during a period of probation the department may not
8-17 revoke the person's license if the person is required under Section
8-18 13(h) or (j), Article 42.12, Code of Criminal Procedure, to
8-19 successfully complete an educational program designed to
8-20 rehabilitate persons who have operated motor vehicles while
8-21 intoxicated, unless the person was punished under Section 49.09,
8-22 Penal Code. The department may not revoke the license of a person:
8-23 (1) for whom the jury has recommended that the license
8-24 not be revoked under Section 13(g), Article 42.12, Code of Criminal
8-25 Procedure; or
8-26 (2) who is placed under community supervision under
9-1 that article and is required as a condition of community
9-2 supervision to not operate a motor vehicle unless the vehicle is
9-3 equipped with the device described by Section 13(i) of that
9-4 article, unless the person was punished under Section 49.09, Penal
9-5 Code.
9-6 SECTION 5. Subsection (h), Section 9, Article 42.12, Code of
9-7 Criminal Procedure, is amended to read as follows:
9-8 (h) On a determination by the judge that alcohol or drug
9-9 abuse may have contributed to the commission of the offense, or in
9-10 any case involving a second or subsequent offense under Section
9-11 49.04, Penal Code, committed within five years of the date on which
9-12 the most recent preceding offense was committed, or a second or
9-13 subsequent offense under Section 49.07 or 49.08 of that code that
9-14 involves the operation of a motor vehicle, committed within five
9-15 years of the date on which the most recent preceding offense was
9-16 committed, the judge shall direct a supervision officer approved by
9-17 the community supervision and corrections department or the judge
9-18 or a person, program, or other agency approved by the Texas
9-19 Commission on Alcohol and Drug Abuse, to conduct an evaluation to
9-20 determine the appropriateness of, and a course of conduct necessary
9-21 for, alcohol or drug rehabilitation for a defendant and to report
9-22 that evaluation to the judge. The evaluation shall be made:
9-23 (1) after arrest and before conviction, if requested
9-24 by the defendant;
9-25 (2) after conviction and before sentencing, if the
9-26 judge assesses punishment in the case;
10-1 (3) after sentencing and before the entry of a final
10-2 judgment, if the jury assesses punishment in the case; or
10-3 (4) after community supervision is granted, if the
10-4 evaluation is required as a condition of community supervision
10-5 under Section 13 of this article.
10-6 SECTION 6. Subsections (g) and (k), Section 13, Article
10-7 42.12, Code of Criminal Procedure, are amended to read as follows:
10-8 (g) A jury that recommends community supervision for a
10-9 person convicted of an offense under Sections 49.04-49.08, Penal
10-10 Code, may recommend that any driver's license issued to the
10-11 defendant under Chapter 173, Acts of the 47th Legislature, Regular
10-12 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), not
10-13 be suspended. This subsection does not apply to a person punished
10-14 under Section 49.09, Penal Code.
10-15 (k) Notwithstanding Section 24(g), Chapter 173, Acts of the
10-16 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
10-17 Texas Civil Statutes), if the judge, under Subsection (h) or (j) of
10-18 this section, permits or requires a defendant punished under
10-19 Section 49.09, Penal Code, to attend an educational program as a
10-20 condition of community supervision, or waives the required
10-21 attendance for such a program, and the defendant has previously
10-22 been required to attend such a program, or the required attendance
10-23 at the program had been waived, the judge nonetheless shall order
10-24 the suspension of the driver's license, permit, or operating
10-25 privilege of that person for a period determined by the judge
10-26 according to the following schedule:
11-1 (1) not less than 90 days or more than 365 days, if
11-2 the defendant is convicted under Sections 49.04-49.08, Penal Code;
11-3 or
11-4 (2) not less than one year [180 days] or more than two
11-5 years, if the defendant is punished under Section 49.09, Penal
11-6 Code.
11-7 SECTION 7. Section 16, Article 42.12, Code of Criminal
11-8 Procedure, is amended by amending Subsection (b) and adding
11-9 Subsection (b-1) to read as follows:
11-10 (b) Except as provided by Subsection (b-1), the [The] amount
11-11 of community service work ordered by the judge:
11-12 (1) may not exceed 1,000 hours and may not be less
11-13 than 320 hours for an offense classified as a first degree felony;
11-14 (2) may not exceed 800 hours and may not be less than
11-15 240 hours for an offense classified as a second degree felony;
11-16 (3) may not exceed 600 hours and may not be less than
11-17 160 hours for an offense classified as a third degree felony;
11-18 (4) may not exceed 400 hours and may not be less than
11-19 120 hours for an offense classified as a state jail felony;
11-20 (5) may not exceed 200 hours and may not be less than
11-21 80 hours for an offense classified as a Class A misdemeanor or for
11-22 any other misdemeanor for which the maximum permissible
11-23 confinement, if any, exceeds six months or the maximum permissible
11-24 fine, if any, exceeds $4,000; and
11-25 (6) may not exceed 100 hours and may not be less than
11-26 24 hours for an offense classified as a Class B misdemeanor or for
12-1 any other misdemeanor for which the maximum permissible
12-2 confinement, if any, does not exceed six months and the maximum
12-3 permissible fine, if any, does not exceed $4,000.
12-4 (b-1) The amount of community service work ordered by the
12-5 judge:
12-6 (1) may not be less than 30 eight-hour days for an
12-7 offense under Section 49.04, Penal Code, that is punished under
12-8 Section 49.09(a) of that code; and
12-9 (2) may not be less than 60 eight-hour days for an
12-10 offense under Section 49.04, Penal Code, that is punished under
12-11 Section 49.09(b) of that code.
12-12 SECTION 8. (a) This Act takes effect September 1, 1999.
12-13 (b) The change in law made by Section 1 of this Act applies
12-14 only to an offense committed on or after September 1, 1999. An
12-15 offense that was committed before September 1, 1999, is governed by
12-16 the law in effect on the date the offense was committed, and the
12-17 former law is continued in effect for that purpose.
12-18 (c) The change in law made by Section 2 of this Act applies
12-19 only to a person whose driver's license is suspended or revoked
12-20 under Subchapter O, Chapter 521, Transportation Code, on or after
12-21 September 1, 1999.
12-22 (d) The change in law made by Section 3 of this Act applies
12-23 only to a person who applies for an occupational driver's license
12-24 on or after September 1, 1999.
12-25 (e) The change in law made by Section 4 of this Act applies
12-26 only to the suspension of the driver's license of a person
13-1 convicted of an offense committed on or after September 1, 1999.
13-2 The suspension of the driver's license of a person convicted of an
13-3 offense that was committed before September 1, 1999, is governed by
13-4 the law in effect on the date that the offense was committed, and
13-5 the former law is continued in effect for that purpose.
13-6 (f) The change in law made by Section 5 of this Act applies
13-7 only to an evaluation ordered in relation to an offense committed
13-8 on or after September 1, 1999. An evaluation ordered in relation
13-9 to an offense that was committed before September 1, 1999, is
13-10 governed by the law in effect on the date that the offense was
13-11 committed, and the former law is continued in effect for that
13-12 purpose.
13-13 (g) The changes in law made by Sections 6 and 7 of this Act
13-14 apply only to a person placed on community supervision or assigned
13-15 to community service for an offense committed on or after September
13-16 1, 1999. A person placed on community supervision or assigned to
13-17 community service for an offense that was committed before
13-18 September 1, 1999, is governed by the law in effect on the date the
13-19 offense was committed, and the former law is continued in effect
13-20 for that purpose.
13-21 (h) For the purposes of this section, an offense is
13-22 committed before September 1, 1999, if any element of the offense
13-23 occurs before that date.
13-24 SECTION 9. The importance of this legislation and the
13-25 crowded condition of the calendars in both houses create an
13-26 emergency and an imperative public necessity that the
14-1 constitutional rule requiring bills to be read on three several
14-2 days in each house be suspended, and this rule is hereby suspended.