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 * * * * *