By Lucio S.B. No. 302
76R3708 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of operating a
1-3 motor vehicle, a watercraft, or an aircraft while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.01(2), Penal Code, is amended to read
1-6 as follows:
1-7 (2) "Intoxicated" means:
1-8 (A) not having the normal use of mental or
1-9 physical faculties by reason of the introduction of alcohol, a
1-10 controlled substance, a drug, a dangerous drug, a combination of
1-11 two or more of those substances, or any other substance into the
1-12 body; or
1-13 (B) having an alcohol concentration of:
1-14 (i) 0.10 or more; or
1-15 (ii) 0.08 or more, if the actor has been
1-16 previously convicted of an offense under this chapter, other than
1-17 Section 49.02 or 49.03, committed within 10 years before the date
1-18 on which the actor is alleged to be intoxicated.
1-19 SECTION 2. Section 49.08(b), Penal Code, is amended by
1-20 amending Subsection (b) to read as follows:
1-21 (b) Except as provided by Section 49.09, an [An] offense
1-22 under this section is a felony of the second degree.
1-23 SECTION 3. Section 49.09, Penal Code, is amended by adding
1-24 Subsection (g) to read as follows:
2-1 (g) If it is shown on the trial of an offense under Section
2-2 49.08 that the person has previously been convicted of an offense
2-3 relating to the operation of a motor vehicle while intoxicated, an
2-4 offense of operating an aircraft while intoxicated, or an offense
2-5 of operating a watercraft while intoxicated, the offense is a
2-6 felony of the first degree.
2-7 SECTION 4. Chapter 49, Penal Code, is amended by adding
2-8 Section 49.095 to read as follows:
2-9 Sec. 49.095. IMPOUNDMENT OF MOTOR VEHICLE. (a) On a third
2-10 or subsequent conviction for an offense relating to the operating
2-11 of a motor vehicle while intoxicated under Section 49.04, 49.07, or
2-12 49.08, or any combination of those offenses, the court shall order
2-13 the sheriff of the county in which the court has jurisdiction to
2-14 impound for 30 days the motor vehicle operated by the defendant at
2-15 the time of the offense if the defendant:
2-16 (1) was an owner of the motor vehicle at the time of
2-17 the offense; and
2-18 (2) is an owner on the date of that conviction.
2-19 (b) The court may not approve the release of the vehicle
2-20 unless the defendant applies to the court for the vehicle's release
2-21 and provides evidence that the registration of the vehicle is valid
2-22 and of financial responsibility for the vehicle that complies with
2-23 Section 601.053, Transportation Code. If an insurance binder is
2-24 offered as evidence of financial responsibility under this
2-25 subsection, the binder must confirm to the court's satisfaction
2-26 that the defendant is in compliance with Chapter 601,
2-27 Transportation Code.
3-1 (c) The court shall impose against the defendant a cost of
3-2 $15 a day for each day of impoundment of the defendant's vehicle.
3-3 (d) To transfer title to a motor vehicle impounded under
3-4 this section, the owner must apply to the court for permission. If
3-5 the court finds that the transfer is being made in good faith and
3-6 is not being made to circumvent this section, the court shall
3-7 approve the transfer.
3-8 (e) Notwithstanding Subsection (b), the court shall order
3-9 the release of a motor vehicle impounded under this section if,
3-10 while the vehicle is impounded, title to the vehicle is transferred
3-11 by:
3-12 (1) foreclosure;
3-13 (2) sale on execution;
3-14 (3) cancellation of a conditional sales contract; or
3-15 (4) judicial order.
3-16 (f) A sheriff who impounds a motor vehicle shall release the
3-17 vehicle:
3-18 (1) on presentation of an order of release from the
3-19 court and payment of the fee for the impoundment by the defendant
3-20 or a person authorized by the owner; or
3-21 (2) to a person who is shown as a lienholder on the
3-22 vehicle's certificate of title on presentation of the certificate
3-23 of title and an accompanying affidavit from an officer of the
3-24 lienholder establishing that the debt secured by the vehicle is in
3-25 default or has matured.
3-26 (g) Impoundment of a motor vehicle under this section is in
3-27 addition to any other punishment imposed under this chapter.
4-1 SECTION 5. Section 521.341, Transportation Code, is amended
4-2 to read as follows:
4-3 Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE SUSPENSION
4-4 OR REVOCATION. (a) Except as provided by Subsection (b) and
4-5 Sections 521.344(d)-(i), a license is automatically suspended on
4-6 final conviction of the license holder of:
4-7 (1) an offense under Section 19.05, Penal Code,
4-8 committed as a result of the holder's criminally negligent
4-9 operation of a motor vehicle;
4-10 (2) an offense under Section 38.04, Penal Code;
4-11 (3) an offense under Section 49.04 or 49.08, Penal
4-12 Code;
4-13 (4) an offense under Section 49.07, Penal Code, if the
4-14 person used a motor vehicle in the commission of the offense;
4-15 (5) an offense punishable as a felony under the motor
4-16 vehicle laws of this state;
4-17 (6) an offense under Section 550.021; or
4-18 (7) an offense under Section 521.451 or 521.453.
4-19 (b) A license is automatically revoked for five years on
4-20 final conviction of the license holder of a third or subsequent
4-21 offense under:
4-22 (1) Section 49.04, Penal Code; or
4-23 (2) Section 49.07 or 49.08 of that code involving the
4-24 operation of a motor vehicle.
4-25 SECTION 6. Subchapter B, Chapter 724, Transportation Code,
4-26 is amended by adding Section 724.0135 to read as follows:
4-27 Sec. 724.0135. REFUSAL TO SUBMIT TO TAKING OF SPECIMEN;
5-1 PENALTY. (a) A person who refuses to submit to the taking of a
5-2 specimen designated by a peace officer commits an offense.
5-3 (b) An offense under this section is a Class B misdemeanor.
5-4 (c) The prosecution or conviction of a person under this
5-5 section is:
5-6 (1) independent of and not an estoppel as to any
5-7 matter in issue in an administrative proceeding under this code
5-8 arising from the occurrence that is the basis for the prosecution
5-9 or conviction; and
5-10 (2) does not preclude litigation of the same or
5-11 similar facts in the administrative proceeding.
5-12 SECTION 7. Section 724.015, Transportation Code, is amended
5-13 to read as follows:
5-14 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
5-15 REQUESTING SPECIMEN. Before requesting a person to submit to the
5-16 taking of a specimen, the officer shall inform the person orally
5-17 and in writing that:
5-18 (1) refusal to submit to the taking of the specimen is
5-19 a Class B misdemeanor;
5-20 (2) if the person refuses to submit to the taking of
5-21 the specimen, that refusal may be admissible in a subsequent
5-22 prosecution;
5-23 (3) [(2)] if the person refuses to submit to the
5-24 taking of the specimen, the person's license to operate a motor
5-25 vehicle will be automatically suspended, whether or not the person
5-26 is subsequently prosecuted as a result of the arrest, for:
5-27 (A) not less than 90 days if the person is 21
6-1 years of age or older; or
6-2 (B) not less than 120 days if the person is
6-3 younger than 21 years of age;
6-4 (4) [(3)] if the person is 21 years of age or older
6-5 and submits to the taking of a specimen designated by the officer
6-6 and an analysis of the specimen shows the person had an alcohol
6-7 concentration of a level specified by Chapter 49, Penal Code, the
6-8 person's license to operate a motor vehicle will be automatically
6-9 suspended for not less than 60 days, whether or not the person is
6-10 subsequently prosecuted as a result of the arrest;
6-11 (5) [(4)] if the person is younger than 21 years of
6-12 age and has any detectable amount of alcohol in the person's
6-13 system, the person's license to operate a motor vehicle will be
6-14 automatically suspended for not less than 60 days even if the
6-15 person submits to the taking of the specimen, but that if the
6-16 person submits to the taking of the specimen and an analysis of the
6-17 specimen shows that the person had an alcohol concentration less
6-18 than the level specified by Chapter 49, Penal Code, the person may
6-19 be subject to criminal penalties less severe than those provided
6-20 under that chapter;
6-21 (6) [(5)] if the officer determines that the person is
6-22 a resident without a license to operate a motor vehicle in this
6-23 state, the department will deny to the person the issuance of a
6-24 license, whether or not the person is subsequently prosecuted as a
6-25 result of the arrest, under the same conditions and for the same
6-26 periods that would have applied to a revocation of the person's
6-27 driver's license if the person had held a driver's license issued
7-1 by this state; and
7-2 (7) [(6)] the person has a right to a hearing on the
7-3 suspension or denial if, not later than the 15th day after the date
7-4 on which the person receives the notice of suspension or denial or
7-5 on which the person is considered to have received the notice by
7-6 mail as provided by law, the department receives, at its
7-7 headquarters in Austin, a written demand, including a facsimile
7-8 transmission, or a request in another form prescribed by the
7-9 department for the hearing.
7-10 SECTION 8. (a) This Act takes effect September 1, 1999.
7-11 (b) The changes in law made by Sections 1-4 of this Act
7-12 apply only to an offense committed on or after September 1, 1999.
7-13 An offense committed before September 1, 1999, is covered by the
7-14 law in effect when the offense was committed, and the former law is
7-15 continued in effect for that purpose. For purposes of this
7-16 subsection, an offense was committed before September 1, 1999, if
7-17 any element of the offense was committed before that date.
7-18 (c) The change in law made by Section 5 of this Act applies
7-19 only to the suspension or revocation of the driver's license of a
7-20 person convicted of an offense described by Section 521.341,
7-21 Transportation Code, on or after September 1, 1999. The suspension
7-22 or revocation of the driver's license of a person convicted of an
7-23 offense before September 1, 1999, is covered by the law in effect
7-24 when the person was convicted, and the former law is continued in
7-25 effect for that purpose.
7-26 (d) The changes in law made by Sections 6 and 7 of this Act
7-27 apply only to a person arrested for an offense described by Section
8-1 724.011, Transportation Code, on or after September 1, 1999.
8-2 SECTION 9. The importance of this legislation and the
8-3 crowded condition of the calendars in both houses create an
8-4 emergency and an imperative public necessity that the
8-5 constitutional rule requiring bills to be read on three several
8-6 days in each house be suspended, and this rule is hereby suspended.