By Nelson S.B. No. 128
76R2850 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of possessing or
1-3 consuming an alcoholic beverage in a motor vehicle or operating a
1-4 motor vehicle while intoxicated.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 49.03, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
1-9 IN MOTOR VEHICLE. (a) A person commits an offense if the person
1-10 consumes an alcoholic beverage while operating a motor vehicle in a
1-11 public place [and is observed doing so by a peace officer].
1-12 (b) An occupant of a motor vehicle that is located on a
1-13 public highway, or on the right-of-way of a public highway,
1-14 including a rest area, comfort station, picnic area, roadside park,
1-15 or scenic overlook situated on the right-of-way of a public
1-16 highway, commits an offense if the person:
1-17 (1) consumes an alcoholic beverage; or
1-18 (2) possesses in the passenger area of the motor
1-19 vehicle a bottle, can, or other receptacle that:
1-20 (A) contains an alcoholic beverage; and
1-21 (B) has been opened, has a broken seal, or has
1-22 the contents partially removed.
1-23 (c) It is an affirmative defense to prosecution under
1-24 Subsection (b) that the person consuming the alcoholic beverage is,
2-1 or that the receptacle containing the alcoholic beverage is in the
2-2 possession of:
2-3 (1) a passenger in the living quarters of a house
2-4 coach or house trailer;
2-5 (2) a passenger in a motor vehicle designed,
2-6 maintained, or used primarily for the transportation of persons for
2-7 compensation; or
2-8 (3) a minister, priest, rabbi, accredited Christian
2-9 Science practitioner, or other similar functionary of a religious
2-10 organization who is transporting the alcoholic beverage to or from
2-11 a religious function or ceremony.
2-12 (d) An offense under this section is a Class C misdemeanor.
2-13 SECTION 2. Section 521.251, Transportation Code, is amended
2-14 by redesignating Subsection (d) as Subsection (e) and adding a new
2-15 Subsection (d) to read as follows:
2-16 (d) Notwithstanding any other provision in this section, if
2-17 the person's driver's license has been suspended as a result of a
2-18 second or subsequent conviction under Section 49.04, 49.07, or
2-19 49.08, Penal Code, an order granting the person an occupational
2-20 license may not take effect before the first anniversary of the
2-21 effective date of the suspension.
2-22 (e) [(d)] For the purposes of this section, "alcohol-related
2-23 or drug-related enforcement contact" has the meaning assigned by
2-24 Section 524.001.
2-25 SECTION 3. The section heading to and Subsections (a), (b),
2-26 and (d), Section 521.344, Transportation Code, are amended to read
2-27 as follows:
3-1 Sec. 521.344. SUSPENSION FOR OFFENSES INVOLVING INTOXICATION
3-2 [RELATED TO USE OF ALCOHOL]. (a) Except as provided by Sections
3-3 521.342(b) and 521.345, and by Subsections (d)-(i), if a person is
3-4 convicted of an offense under Section 49.04 or 49.07, Penal Code,
3-5 [that is committed as a result of the introduction of alcohol into
3-6 the body,] the license suspension:
3-7 (1) begins on a date set by the court that is not
3-8 earlier than the date of the conviction or later than the 30th day
3-9 after the date of the conviction, as determined by the court; and
3-10 (2) continues for a period set by the court according
3-11 to the following schedule:
3-12 (A) not less than 90 days or more than one year
3-13 if the person is punished under Section 49.04 or 49.07, Penal Code;
3-14 or
3-15 (B) not less than one year [180 days] or more
3-16 than two years, if the person is punished under Section 49.09,
3-17 Penal Code.
3-18 (b) Except as provided by Section 521.342(b), if a person is
3-19 convicted of an offense under Section 49.08, Penal Code, the
3-20 license suspension [begins]:
3-21 (1) begins on a date set by the court that is not
3-22 earlier than the date of the conviction or later than the 30th day
3-23 after the date of the conviction, as determined by the court; and
3-24 (2) continues for a period set by the court of not
3-25 less than one year [180 days] or more than two years.
3-26 (d) Except as provided by Subsection (e) and Section
3-27 521.342(b), during a period of probation the department may not
4-1 revoke the person's license if the person is required under Section
4-2 13(h) or (j), Article 42.12, Code of Criminal Procedure, to
4-3 successfully complete an educational program designed to
4-4 rehabilitate persons who have operated motor vehicles while
4-5 intoxicated, unless the person was punished under Section 49.09,
4-6 Penal Code. The department may not revoke the license of a person:
4-7 (1) for whom the jury has recommended that the license
4-8 not be revoked under Section 13(g), Article 42.12, Code of Criminal
4-9 Procedure; or
4-10 (2) who is placed under community supervision under
4-11 that article and is required as a condition of community
4-12 supervision to not operate a motor vehicle unless the vehicle is
4-13 equipped with the device described by Section 13(i) of that
4-14 article, unless the person was punished under Section 49.09, Penal
4-15 Code.
4-16 SECTION 4. Section 9(h), Article 42.12, Code of Criminal
4-17 Procedure, is amended to read as follows:
4-18 (h) On a determination by the judge that alcohol or drug
4-19 abuse may have contributed to the commission of the offense, or in
4-20 any case involving a second or subsequent offense under Section
4-21 49.04, Penal Code, or a second or subsequent offense under Section
4-22 49.07 or 49.08 of that code that involves the operation of a motor
4-23 vehicle, the judge shall direct a supervision officer approved by
4-24 the community supervision and corrections department or the judge
4-25 or a person, program, or other agency approved by the Texas
4-26 Commission on Alcohol and Drug Abuse, to conduct an evaluation to
4-27 determine the appropriateness of, and a course of conduct necessary
5-1 for, alcohol or drug rehabilitation for a defendant and to report
5-2 that evaluation to the judge. The evaluation shall be made:
5-3 (1) after arrest and before conviction, if requested
5-4 by the defendant;
5-5 (2) after conviction and before sentencing, if the
5-6 judge assesses punishment in the case;
5-7 (3) after sentencing and before the entry of a final
5-8 judgment, if the jury assesses punishment in the case; or
5-9 (4) after community supervision is granted, if the
5-10 evaluation is required as a condition of community supervision
5-11 under Section 13 of this article.
5-12 SECTION 5. Sections 13(g) and (k), Article 42.12, Code of
5-13 Criminal Procedure, are amended to read as follows:
5-14 (g) A jury that recommends community supervision for a
5-15 person convicted of an offense under Sections 49.04-49.08, Penal
5-16 Code, may recommend that any driver's license issued to the
5-17 defendant under Chapter 173, Acts of the 47th Legislature, Regular
5-18 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), not
5-19 be suspended. This subsection does not apply to a person punished
5-20 under Section 49.09, Penal Code.
5-21 (k) Notwithstanding Section 24(g), Chapter 173, Acts of the
5-22 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
5-23 Texas Civil Statutes), if the judge, under Subsection (h) or (j) of
5-24 this section, permits or requires a defendant punished under
5-25 Section 49.09, Penal Code, to attend an educational program as a
5-26 condition of community supervision, or waives the required
5-27 attendance for such a program, and the defendant has previously
6-1 been required to attend such a program, or the required attendance
6-2 at the program had been waived, the judge nonetheless shall order
6-3 the suspension of the driver's license, permit, or operating
6-4 privilege of that person for a period determined by the judge
6-5 according to the following schedule:
6-6 (1) not less than 90 days or more than 365 days, if
6-7 the defendant is convicted under Sections 49.04-49.08, Penal Code;
6-8 or
6-9 (2) not less than one year [180 days] or more than two
6-10 years, if the defendant is punished under Section 49.09, Penal
6-11 Code.
6-12 SECTION 6. Section 16, Article 42.12, Code of Criminal
6-13 Procedure, is amended by amending Subsection (b) and adding
6-14 Subsection (b-1) to read as follows:
6-15 (b) Except as provided by Subsection (b-1), the [The] amount
6-16 of community service work ordered by the judge:
6-17 (1) may not exceed 1,000 hours and may not be less
6-18 than 320 hours for an offense classified as a first degree felony;
6-19 (2) may not exceed 800 hours and may not be less than
6-20 240 hours for an offense classified as a second degree felony;
6-21 (3) may not exceed 600 hours and may not be less than
6-22 160 hours for an offense classified as a third degree felony;
6-23 (4) may not exceed 400 hours and may not be less than
6-24 120 hours for an offense classified as a state jail felony;
6-25 (5) may not exceed 200 hours and may not be less than
6-26 80 hours for an offense classified as a Class A misdemeanor or for
6-27 any other misdemeanor for which the maximum permissible
7-1 confinement, if any, exceeds six months or the maximum permissible
7-2 fine, if any, exceeds $4,000; and
7-3 (6) may not exceed 100 hours and may not be less than
7-4 24 hours for an offense classified as a Class B misdemeanor or for
7-5 any other misdemeanor for which the maximum permissible
7-6 confinement, if any, does not exceed six months and the maximum
7-7 permissible fine, if any, does not exceed $4,000.
7-8 (b-1) The amount of community service work ordered by the
7-9 judge:
7-10 (1) may not be less than 30 eight-hour days for an
7-11 offense under Section 49.04, Penal Code, that is punished under
7-12 Section 49.09(a) of that code; and
7-13 (2) may not be less than 60 eight-hour days for an
7-14 offense under Section 49.04, Penal Code, that is punished under
7-15 Section 49.09(b) of that code.
7-16 SECTION 7. (a) This Act takes effect September 1, 1999.
7-17 (b) The change in law made by Section 1 of this Act applies
7-18 only to an offense committed on or after September 1, 1999. An
7-19 offense that was committed before September 1, 1999, is governed by
7-20 the law in effect on the date the offense was committed, and the
7-21 former law is continued in effect for that purpose.
7-22 (c) The change in law made by Section 2 of this Act applies
7-23 only to a person who applies for an occupational driver's license
7-24 on or after September 1, 1999.
7-25 (d) The change in law made by Section 3 of this Act applies
7-26 only to the suspension of the driver's license of a person
7-27 convicted of an offense committed on or after September 1, 1999.
8-1 The suspension of the driver's license of a person convicted of an
8-2 offense that was committed before September 1, 1999, is governed by
8-3 the law in effect on the date that the offense was committed, and
8-4 the former law is continued in effect for that purpose.
8-5 (e) The change in law made by Section 4 of this Act applies
8-6 only to an evaluation ordered in relation to an offense committed
8-7 on or after September 1, 1999. An evaluation ordered in relation
8-8 to an offense that was committed before September 1, 1999, is
8-9 governed by the law in effect on the date that the offense was
8-10 committed, and the former law is continued in effect for that
8-11 purpose.
8-12 (f) The changes in law made by Sections 5 and 6 of this Act
8-13 apply only to a person placed on community supervision or assigned
8-14 to community service for an offense committed on or after September
8-15 1, 1999. A person placed on community supervision or assigned to
8-16 community service for an offense that was committed before
8-17 September 1, 1999, is governed by the law in effect on the date the
8-18 offense was committed, and the former law is continued in effect
8-19 for that purpose.
8-20 (g) For the purposes of this section, an offense is
8-21 committed before September 1, 1999, if any element of the offense
8-22 occurs before that date.
8-23 SECTION 8. The importance of this legislation and the
8-24 crowded condition of the calendars in both houses create an
8-25 emergency and an imperative public necessity that the
8-26 constitutional rule requiring bills to be read on three several
8-27 days in each house be suspended, and this rule is hereby suspended.