1-1     By:  Nelson                                            S.B. No. 128
 1-2           (In the Senate - Filed January 7, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     May 14, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; May 14, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 128                   By:  Nelson
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the civil and criminal consequences of possessing or
1-11     consuming an alcoholic beverage in a motor vehicle or operating a
1-12     motor vehicle while intoxicated.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 49.03, Penal Code, is amended to read as
1-15     follows:
1-16           Sec. 49.03.  CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
1-17     IN MOTOR VEHICLE.  (a)  A person commits an offense if the person
1-18     consumes an alcoholic beverage while operating a motor vehicle in a
1-19     public place [and is observed doing so by a peace officer].
1-20           (b)  An occupant of a motor vehicle that is located on a
1-21     public highway, or on the right-of-way of a public highway,
1-22     including a rest area, comfort station, picnic area, roadside park,
1-23     or scenic overlook situated on the right-of-way of a public
1-24     highway, commits an offense if the person:
1-25                 (1)  consumes an alcoholic beverage; or
1-26                 (2)  possesses in the passenger area of the motor
1-27     vehicle a bottle, can, or other receptacle that:
1-28                       (A)  contains an alcoholic beverage; and
1-29                       (B)  has been opened, has a broken seal, or has
1-30     the contents partially removed.
1-31           (c)  It is an affirmative defense to prosecution under
1-32     Subsection (b) that the person consuming the alcoholic beverage is,
1-33     or that the receptacle containing the alcoholic beverage is in the
1-34     possession of:
1-35                 (1)  a passenger in the living quarters of a house
1-36     coach or house trailer; or
1-37                 (2)  a passenger in a motor vehicle designed,
1-38     maintained, or used primarily for the transportation of persons for
1-39     compensation.
1-40           (d)  An offense under this section is a Class C misdemeanor.
1-41           SECTION 2.  Chapter 502, Transportation Code, is amended by
1-42     adding Subchapter I to read as follows:
1-43             SUBCHAPTER I.  SUSPENSION OF REGISTRATION OF REPEAT
1-44                                DWI OFFENDERS
1-45           Sec. 502.451.  SUSPENSION OF REGISTRATION.  (a)  In this
1-46     section, "offense relating to the operating of a motor vehicle" has
1-47     the meaning assigned by Section 49.09, Penal Code.
1-48           (b)  The Department of Public Safety shall automatically
1-49     suspend all vehicle registrations of a person:
1-50                 (1)  who is convicted of a second or subsequent offense
1-51     relating to the operating of a motor vehicle while intoxicated
1-52     committed within five years of the date on which the most recent
1-53     preceding offense was committed; and
1-54                 (2)  whose driver's license is suspended or revoked
1-55     under Subchapter O, Chapter 521.
1-56           (c)  A suspension of a vehicle registration under this
1-57     section:
1-58                 (1)  begins on the date that the suspension or
1-59     revocation of the person's driver's license under Subchapter O,
1-60     Chapter 521, takes effect; and
1-61                 (2)  continues until the date on which:
1-62                       (A)  the period of driver's license suspension
1-63     terminates; or
1-64                       (B)  the revoked license is reinstated.
 2-1           Sec. 502.452.  PROHIBITION AGAINST RENEWAL OR OTHER
 2-2     REGISTRATION.  Before the expiration of the period of registration
 2-3     suspension, a person whose vehicle registration is suspended under
 2-4     Section 502.451 may not:
 2-5                 (1)  renew the suspended vehicle registration; or
 2-6                 (2)  register another vehicle in the person's name.
 2-7           Sec. 502.453.  OPERATION OF MOTOR VEHICLE IN VIOLATION OF
 2-8     SUSPENSION; OFFENSE.  (a)  A person commits an offense if the
 2-9     person, during a period that a suspension of the person's vehicle
2-10     registration is in effect under this subchapter:
2-11                 (1)  operates the vehicle on a highway; or
2-12                 (2)  knowingly permits the vehicle to be operated on a
2-13     highway.
2-14           (b)  It is an affirmative defense to prosecution under this
2-15     section that the person had not received notice of a suspension
2-16     order concerning the person's vehicle registration.  For purposes
2-17     of this subsection, notice is presumed to be received if the notice
2-18     was mailed in accordance with this chapter to the last known
2-19     address of the person as shown by department or Department of
2-20     Public Safety records.
2-21           (c)  An offense under this section is a misdemeanor
2-22     punishable by:
2-23                 (1)  a fine of not less than $100 or more than $500;
2-24     and
2-25                 (2)  confinement in county jail for a term of not less
2-26     than 72 hours or more than six months.
2-27           Sec. 502.454.  NOTICE OF SUSPENSION OF VEHICLE REGISTRATION.
2-28     (a)  The Department of Public Safety shall give written notice of a
2-29     vehicle registration suspension under this subchapter.
2-30           (b)  The notice must be by personal delivery to the person or
2-31     by deposit in the United States mail addressed to the person at the
2-32     last address supplied to the department or the Department of Public
2-33     Safety by the person.
2-34           (c)  Notice by mail is presumed to be received on the 10th
2-35     day after the date the notice is mailed.  Proof of the notice may
2-36     be made by the certificate of a Department of Public Safety
2-37     employee stating that:
2-38                 (1)  the notice was prepared in the regular course of
2-39     business and placed in the United States mail as part of the
2-40     regular organized activity of that department; or
2-41                 (2)  the employee delivered the notice in person.
2-42           (d)  A certificate under Subsection (c)(2) must specify the
2-43     name of the person to whom the notice was given and the time,
2-44     place, and manner of the delivery of the notice.
2-45           Sec. 502.455.  RETURN OF VEHICLE REGISTRATIONS AND LICENSE
2-46     PLATES TO DEPARTMENT OF PUBLIC SAFETY.  (a)  A person notified of a
2-47     vehicle registration suspension under Section 502.454 shall send to
2-48     the Department of Public Safety the person's vehicle registration
2-49     receipts and the license plates for the person's vehicles.
2-50           (b)  The registration receipts and license plates must be
2-51     sent not later than the 10th day after the date the person receives
2-52     written notice from the Department of Public Safety.
2-53           Sec. 502.456.  FAILURE TO RETURN VEHICLE REGISTRATIONS AND
2-54     LICENSE PLATES; OFFENSE.  (a)  A person commits an offense if the
2-55     person fails or refuses to timely send to the Department of Public
2-56     Safety the person's vehicle registration receipts and license
2-57     plates as required by Section 502.455.
2-58           (b)  An offense under this section is a misdemeanor
2-59     punishable by:
2-60                 (1)  a fine of not less than $100 or more than $500;
2-61     and
2-62                 (2)  confinement in county jail for a term of not less
2-63     than 72 hours or more than six months.
2-64           (c)  The Department of Public Safety shall direct an employee
2-65     of that department to obtain and send to that department the
2-66     vehicle registration receipts and license plates of a person who
2-67     fails to return the person's registration receipts and license
2-68     plates in accordance with Section 502.455.
2-69           (d)  The director of the Department of Public Safety or a
 3-1     person designated by the director may file a complaint against a
 3-2     person for an offense under Subsection (a).
 3-3           Sec. 502.457.  TRANSFER OF VEHICLE REGISTRATION PROHIBITED.
 3-4     (a)  An owner whose vehicle registration has been suspended under
 3-5     this subchapter may not:
 3-6                 (1)  transfer the registration unless the transfer is
 3-7     authorized under Subsection (b); or
 3-8                 (2)  register in another name the motor vehicle to
 3-9     which the registration applies.
3-10           (b)  The Department of Public Safety may authorize the
3-11     transfer of a vehicle registration if the director of that
3-12     department determines that the transfer is proposed in good faith
3-13     and not to defeat the purposes of this subchapter.
3-14           (c)  This section does not affect the rights of a conditional
3-15     vendor or lessor of, or person with a security interest in, a motor
3-16     vehicle owned by a person who is subject to this section if the
3-17     vendor, lessor, or secured party is not the registered owner of the
3-18     vehicle.
3-19           Sec. 502.458.  REINSTATEMENT FEE.  (a)  A vehicle
3-20     registration that has been suspended under this subchapter may not
3-21     be reinstated and a new registration receipt or license plates may
3-22     not be issued to the person until the person pays to the Department
3-23     of Public Safety a fee of $50.
3-24           (b)  The fee imposed by this section is in addition to other
3-25     fees imposed by law.
3-26           (c)  A person is required to pay only one fee under this
3-27     section, without regard to the number of vehicle registrations and
3-28     license plates to be reinstated for or issued to the person in
3-29     connection with the payment.
3-30           SECTION 3.  Section 521.251, Transportation Code, is amended
3-31     by redesignating existing Subsection (d) as Subsection (e) and
3-32     adding a new Subsection (d) to read as follows:
3-33           (d)  Notwithstanding any other provision in this section, if
3-34     the person's driver's license has been suspended as a result of a
3-35     second or subsequent conviction under Section 49.04, 49.07, or
3-36     49.08, Penal Code, committed within five years of the date on which
3-37     the most recent preceding offense was committed, an order granting
3-38     the person an occupational license may not take effect before the
3-39     first anniversary of the effective date of the suspension.
3-40           (e)  For the purposes of this section, "alcohol-related or
3-41     drug-related enforcement contact" has the meaning assigned by
3-42     Section 524.001.
3-43           SECTION 4.  The section heading to and Subsections (a), (b),
3-44     and (d), Section 521.344, Transportation Code, are amended to read
3-45     as follows:
3-46           Sec. 521.344.  SUSPENSION FOR OFFENSES INVOLVING INTOXICATION
3-47     [RELATED TO USE OF ALCOHOL].  (a)  Except as provided by Sections
3-48     521.342(b) and 521.345, and by Subsections (d)-(i), if a person is
3-49     convicted of an offense under Section 49.04 or 49.07, Penal Code,
3-50     [that is committed as a result of the introduction of alcohol into
3-51     the body,] the license suspension:
3-52                 (1)  begins on a date set by the court that is not
3-53     earlier than the date of the conviction or later than the 30th day
3-54     after the date of the conviction, as determined by the court; and
3-55                 (2)  continues for a period set by the court according
3-56     to the following schedule:
3-57                       (A)  not less than 90 days or more than one year
3-58     if the person is punished under Section 49.04 or 49.07, Penal Code;
3-59     or
3-60                       (B)  not less than one year [180 days] or more
3-61     than two years, if the person is punished under Section 49.09,
3-62     Penal Code.
3-63           (b)  Except as provided by Section 521.342(b), if a person is
3-64     convicted of an offense under Section 49.08, Penal Code, the
3-65     license suspension [begins]:
3-66                 (1)  begins on a date set by the court that is not
3-67     earlier than the date of the conviction or later than the 30th day
3-68     after the date of the conviction, as determined by the court; and
3-69                 (2)  continues for a period set by the court of not
 4-1     less than one year [180 days] or more than two years.
 4-2           (d)  Except as provided by Subsection (e) and Section
 4-3     521.342(b), during a period of probation the department may not
 4-4     revoke the person's license if the person is required under Section
 4-5     13(h) or (j), Article 42.12, Code of Criminal Procedure, to
 4-6     successfully complete an educational program designed to
 4-7     rehabilitate persons who have operated motor vehicles while
 4-8     intoxicated, unless the person was punished under Section 49.09,
 4-9     Penal Code.  The department may not revoke the license of a person:
4-10                 (1)  for whom the jury has recommended that the license
4-11     not be revoked under Section 13(g), Article 42.12, Code of Criminal
4-12     Procedure; or
4-13                 (2)  who is placed under community supervision under
4-14     that article and is required as a condition of community
4-15     supervision to not operate a motor vehicle unless the vehicle is
4-16     equipped with the device described by Section 13(i) of that
4-17     article, unless the person was punished under Section 49.09, Penal
4-18     Code.
4-19           SECTION 5.  Subsection (h), Section 9, Article 42.12, Code of
4-20     Criminal Procedure, is amended to read as follows:
4-21           (h)  On a determination by the judge that alcohol or drug
4-22     abuse may have contributed to the commission of the offense, or in
4-23     any case involving a second or subsequent offense under Section
4-24     49.04, Penal Code, committed within five years of the date on which
4-25     the most recent preceding offense was committed, or a second or
4-26     subsequent offense under Section 49.07 or 49.08 of that code that
4-27     involves the operation of a motor vehicle, committed within five
4-28     years of the date on which the most recent preceding offense was
4-29     committed, the judge shall direct a supervision officer approved by
4-30     the community supervision and corrections department or the judge
4-31     or a person, program, or other agency approved by the Texas
4-32     Commission on Alcohol and Drug Abuse, to conduct an evaluation to
4-33     determine the appropriateness of, and a course of conduct necessary
4-34     for, alcohol or drug rehabilitation for a defendant and to report
4-35     that evaluation to the judge.  The evaluation shall be made:
4-36                 (1)  after arrest and before conviction, if requested
4-37     by the defendant;
4-38                 (2)  after conviction and before sentencing, if the
4-39     judge assesses punishment in the case;
4-40                 (3)  after sentencing and before the entry of a final
4-41     judgment, if the jury assesses punishment in the case; or
4-42                 (4)  after community supervision is granted, if the
4-43     evaluation is required as a condition of community supervision
4-44     under Section 13 of this article.
4-45           SECTION 6.  Subsections (g) and (k), Section 13, Article
4-46     42.12, Code of Criminal Procedure, are amended to read as follows:
4-47           (g)  A jury that recommends community supervision for a
4-48     person convicted of an offense under Sections 49.04-49.08, Penal
4-49     Code, may recommend that any driver's license issued to the
4-50     defendant under Chapter 173, Acts of the 47th Legislature, Regular
4-51     Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), not
4-52     be suspended.  This subsection does not apply to a person punished
4-53     under Section 49.09, Penal Code.
4-54           (k)  Notwithstanding Section 24(g), Chapter 173, Acts of the
4-55     47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
4-56     Texas Civil Statutes), if the judge, under Subsection (h) or (j) of
4-57     this section, permits or requires a defendant punished under
4-58     Section 49.09, Penal Code, to attend an educational program as a
4-59     condition of community supervision, or waives the required
4-60     attendance for such a program, and the defendant has previously
4-61     been required to attend such a program, or the required attendance
4-62     at the program had been waived, the judge nonetheless shall order
4-63     the suspension of the driver's license, permit, or operating
4-64     privilege of that person for a period determined by the judge
4-65     according to the following schedule:
4-66                 (1)  not less than 90 days or more than 365 days, if
4-67     the defendant is convicted under Sections 49.04-49.08, Penal Code;
4-68     or
4-69                 (2)  not less than one year [180 days] or more than two
 5-1     years, if the defendant is punished under Section 49.09, Penal
 5-2     Code.
 5-3           SECTION 7.  Section 16, Article 42.12, Code of Criminal
 5-4     Procedure, is amended by amending Subsection (b) and adding
 5-5     Subsection (b-1) to read as follows:
 5-6           (b)  Except as provided by Subsection (b-1), the [The] amount
 5-7     of community service work ordered by the judge:
 5-8                 (1)  may not exceed 1,000 hours and may not be less
 5-9     than 320 hours for an offense classified as a first degree felony;
5-10                 (2)  may not exceed 800 hours and may not be less than
5-11     240 hours for an offense classified as a second degree felony;
5-12                 (3)  may not exceed 600 hours and may not be less than
5-13     160 hours for an offense classified as a third degree felony;
5-14                 (4)  may not exceed 400 hours and may not be less than
5-15     120 hours for an offense classified as a state jail felony;
5-16                 (5)  may not exceed 200 hours and may not be less than
5-17     80 hours for an offense classified as a Class A misdemeanor or for
5-18     any other misdemeanor for which the maximum permissible
5-19     confinement, if any, exceeds six months or the maximum permissible
5-20     fine, if any, exceeds $4,000; and
5-21                 (6)  may not exceed 100 hours and may not be less than
5-22     24 hours for an offense classified as a Class B misdemeanor or for
5-23     any other misdemeanor for which the maximum permissible
5-24     confinement, if any, does not exceed six months and the maximum
5-25     permissible fine, if any, does not exceed $4,000.
5-26           (b-1)  The amount of community service work ordered by the
5-27     judge:
5-28                 (1)  may not be less than 30 eight-hour days for an
5-29     offense under Section 49.04, Penal Code, that is punished under
5-30     Section 49.09(a) of that code; and
5-31                 (2)  may not be less than 60 eight-hour days for an
5-32     offense under Section 49.04, Penal Code, that is punished under
5-33     Section 49.09(b) of that code.
5-34           SECTION 8.  (a)  This Act takes effect September 1, 1999.
5-35           (b)  The change in law made by Section 1 of this Act applies
5-36     only to an offense committed on or after September 1, 1999.  An
5-37     offense that was committed before September 1, 1999, is governed by
5-38     the law in effect on the date the offense was committed, and the
5-39     former law is continued in effect for that purpose.
5-40           (c)  The change in law made by Section 2 of this Act applies
5-41     only to a person whose driver's license is suspended or revoked
5-42     under Subchapter O, Chapter 521, Transportation Code, on or after
5-43     September 1, 1999.
5-44           (d)  The change in law made by Section 3 of this Act applies
5-45     only to a person who applies for an occupational driver's license
5-46     on or after September 1, 1999.
5-47           (e)  The change in law made by Section 4 of this Act applies
5-48     only to the suspension of the driver's license of a person
5-49     convicted of an offense committed on or after September 1, 1999.
5-50     The suspension of the driver's license of a person convicted of an
5-51     offense that was committed before September 1, 1999, is governed by
5-52     the law in effect on the date that the offense was committed, and
5-53     the former law is continued in effect for that purpose.
5-54           (f)  The change in law made by Section 5 of this Act applies
5-55     only to an evaluation ordered in relation to an offense committed
5-56     on or after September 1, 1999.  An evaluation ordered in relation
5-57     to an offense that was committed before September 1, 1999, is
5-58     governed by the law in effect on the date that the offense was
5-59     committed, and the former law is continued in effect for that
5-60     purpose.
5-61           (g)  The changes in law made by Sections 6 and 7 of this Act
5-62     apply only to a person placed on community supervision or assigned
5-63     to community service for an offense committed on or after September
5-64     1, 1999.  A person placed on community supervision or assigned to
5-65     community service for an offense that was committed before
5-66     September 1, 1999, is governed by the law in effect on the date the
5-67     offense was committed, and the former law is continued in effect
5-68     for that purpose.
5-69           (h)  For the purposes of this section, an offense is
 6-1     committed before September 1, 1999, if any element of the offense
 6-2     occurs before that date.
 6-3           SECTION 9.  The importance of this legislation and the
 6-4     crowded condition of the calendars in both houses create an
 6-5     emergency and an imperative public necessity that the
 6-6     constitutional rule requiring bills to be read on three several
 6-7     days in each house be suspended, and this rule is hereby suspended.
 6-8                                  * * * * *