By Hill H.B. No. 90
77R1273 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 while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 502, Transportation Code, is amended by
1-6 adding Subchapter I to read as follows:
1-7 SUBCHAPTER I. SUSPENSION OF REGISTRATION OF REPEAT
1-8 DWI OFFENDERS
1-9 Sec. 502.451. SUSPENSION OF REGISTRATION. (a) In this
1-10 section, "offense relating to the operating of a motor vehicle
1-11 while intoxicated" has the meaning assigned by Section 49.09, Penal
1-12 Code.
1-13 (b) The Department of Public Safety shall automatically
1-14 suspend all vehicle registrations of a person:
1-15 (1) who is convicted of a second or subsequent offense
1-16 relating to the operating of a motor vehicle while intoxicated
1-17 committed within five years of the date on which the most recent
1-18 preceding offense was committed; and
1-19 (2) whose driver's license is suspended or revoked
1-20 under Subchapter O, Chapter 521.
1-21 (c) A suspension of a vehicle registration under this
1-22 section:
1-23 (1) begins on the date that the suspension or
1-24 revocation of the person's driver's license under Subchapter O,
2-1 Chapter 521, takes effect; and
2-2 (2) continues until the date on which:
2-3 (A) the period of driver's license suspension
2-4 terminates; or
2-5 (B) the revoked license is reinstated.
2-6 Sec. 502.452. PROHIBITION AGAINST RENEWAL OR OTHER
2-7 REGISTRATION. Before the expiration of the period of registration
2-8 suspension, a person whose vehicle registration is suspended under
2-9 Section 502.451 may not:
2-10 (1) renew the suspended vehicle registration; or
2-11 (2) register another vehicle in the person's name.
2-12 Sec. 502.453. OPERATION OF MOTOR VEHICLE IN VIOLATION OF
2-13 SUSPENSION; OFFENSE. (a) A person commits an offense if the
2-14 person, during a period that a suspension of the person's vehicle
2-15 registration is in effect under this subchapter:
2-16 (1) operates the vehicle on a highway; or
2-17 (2) knowingly permits the vehicle to be operated on a
2-18 highway.
2-19 (b) It is an affirmative defense to prosecution under this
2-20 section that the person had not received notice under Section
2-21 502.454 of a suspension order concerning the person's vehicle
2-22 registration.
2-23 (c) An offense under this section is a misdemeanor
2-24 punishable by:
2-25 (1) a fine of not less than $100 or more than $500;
2-26 and
2-27 (2) confinement in county jail for a term of not less
3-1 than 72 hours or more than six months.
3-2 Sec. 502.454. NOTICE OF SUSPENSION OF VEHICLE REGISTRATION.
3-3 (a) The Department of Public Safety shall give written notice of a
3-4 vehicle registration suspension under this subchapter.
3-5 (b) The notice must be by personal delivery to the person or
3-6 by deposit in the United States mail addressed to the person at the
3-7 last address supplied to the department or the Department of Public
3-8 Safety by the person.
3-9 (c) Notice by mail is presumed to be received on the 10th
3-10 day after the date the notice is mailed. Proof of the notice may
3-11 be made by the certificate of a Department of Public Safety
3-12 employee stating that:
3-13 (1) the notice was prepared in the regular course of
3-14 business and placed in the United States mail as part of the
3-15 regular organized activity of that department; or
3-16 (2) the employee delivered the notice in person.
3-17 (d) A certificate under Subsection (c)(2) must specify the
3-18 name of the person to whom the notice was given and the time,
3-19 place, and manner of the delivery of the notice.
3-20 Sec. 502.455. RETURN OF VEHICLE REGISTRATIONS AND LICENSE
3-21 PLATES TO DEPARTMENT OF PUBLIC SAFETY. (a) A person notified of a
3-22 vehicle registration suspension under Section 502.454 shall send to
3-23 the Department of Public Safety the person's vehicle registration
3-24 receipts and the license plates for the person's vehicles.
3-25 (b) The registration receipts and license plates must be
3-26 sent not later than the 10th day after the date the person receives
3-27 written notice from the Department of Public Safety.
4-1 Sec. 502.456. FAILURE TO RETURN VEHICLE REGISTRATIONS AND
4-2 LICENSE PLATES; OFFENSE. (a) A person commits an offense if the
4-3 person fails or refuses to timely send to the Department of Public
4-4 Safety the person's vehicle registration receipts and license
4-5 plates as required by Section 502.455.
4-6 (b) An offense under this section is a misdemeanor
4-7 punishable by:
4-8 (1) a fine of not less than $100 or more than $500;
4-9 and
4-10 (2) confinement in county jail for a term of not less
4-11 than 72 hours or more than six months.
4-12 (c) The Department of Public Safety shall direct an employee
4-13 of that department to obtain and send to that department the
4-14 vehicle registration receipts and license plates of a person who
4-15 fails to return the person's registration receipts and license
4-16 plates in accordance with Section 502.455.
4-17 (d) The director of the Department of Public Safety or a
4-18 person designated by the director may file a complaint against a
4-19 person for an offense under Subsection (a).
4-20 Sec. 502.457. TRANSFER OF VEHICLE REGISTRATION PROHIBITED.
4-21 (a) An owner whose vehicle registration has been suspended under
4-22 this subchapter may not:
4-23 (1) transfer the registration unless the transfer is
4-24 authorized under Subsection (b); or
4-25 (2) register in another name the motor vehicle to
4-26 which the registration applies.
4-27 (b) The Department of Public Safety may authorize the
5-1 transfer of a vehicle registration if the director of that
5-2 department determines that the transfer is proposed in good faith
5-3 and not to defeat the purposes of this subchapter.
5-4 (c) This section does not affect the rights of a conditional
5-5 vendor or lessor of, or person with a security interest in, a motor
5-6 vehicle owned by a person who is subject to this section if the
5-7 vendor, lessor, or secured party is not the registered owner of the
5-8 vehicle.
5-9 Sec. 502.458. REINSTATEMENT FEE. (a) A vehicle
5-10 registration that has been suspended under this subchapter may not
5-11 be reinstated and a new registration receipt or license plates may
5-12 not be issued to the person until the person pays to the Department
5-13 of Public Safety a fee of $50.
5-14 (b) The fee imposed by this section is in addition to other
5-15 fees imposed by law.
5-16 (c) A person is required to pay only one fee under this
5-17 section, without regard to the number of vehicle registrations and
5-18 license plates to be reinstated for or issued to the person in
5-19 connection with the payment.
5-20 SECTION 2. Section 521.251, Transportation Code, is amended
5-21 by redesignating existing Subsection (d) as Subsection (e) and
5-22 adding a new Subsection (d) to read as follows:
5-23 (d) Notwithstanding any other provision in this section, if
5-24 the person's driver's license has been suspended as a result of a
5-25 second or subsequent conviction under Section 49.04, 49.07, or
5-26 49.08, Penal Code, committed within five years of the date on which
5-27 the most recent preceding offense was committed, an order granting
6-1 the person an occupational license may not take effect before the
6-2 first anniversary of the effective date of the suspension.
6-3 (e) [(d)] For the purposes of this section, "alcohol-related
6-4 or drug-related enforcement contact" has the meaning assigned by
6-5 Section 524.001.
6-6 SECTION 3. The section heading to and Subsections (a), (b),
6-7 and (d), Section 521.344, Transportation Code, are amended to read
6-8 as follows:
6-9 Sec. 521.344. SUSPENSION FOR OFFENSES INVOLVING INTOXICATION
6-10 [RELATED TO USE OF ALCOHOL]. (a) Except as provided by Sections
6-11 521.342(b) and 521.345, and by Subsections (d)-(i), if a person is
6-12 convicted of an offense under Section 49.04 or 49.07, Penal Code,
6-13 [that is committed as a result of the introduction of alcohol into
6-14 the body,] the license suspension:
6-15 (1) begins on a date set by the court that is not
6-16 earlier than the date of the conviction or later than the 30th day
6-17 after the date of the conviction, as determined by the court; and
6-18 (2) continues for a period set by the court according
6-19 to the following schedule:
6-20 (A) not less than 90 days or more than one year
6-21 if the person is punished under Section 49.04 or 49.07, Penal Code;
6-22 or
6-23 (B) not less than one year [180 days] or more
6-24 than two years, if the person is punished under Section 49.09,
6-25 Penal Code.
6-26 (b) Except as provided by Section 521.342(b), if a person is
6-27 convicted of an offense under Section 49.08, Penal Code, the
7-1 license suspension [begins]:
7-2 (1) begins on a date set by the court that is not
7-3 earlier than the date of the conviction or later than the 30th day
7-4 after the date of the conviction, as determined by the court; and
7-5 (2) continues for a period set by the court of not
7-6 less than one year [180 days] or more than two years.
7-7 (d) Except as provided by Subsection (e) and Section
7-8 521.342(b), during a period of probation the department may not
7-9 revoke the person's license if the person is required under Section
7-10 13(h) or (j), Article 42.12, Code of Criminal Procedure, to
7-11 successfully complete an educational program designed to
7-12 rehabilitate persons who have operated motor vehicles while
7-13 intoxicated, unless the person was punished under Section 49.09,
7-14 Penal Code. The department may not revoke the license of a person:
7-15 (1) for whom the jury has recommended that the license
7-16 not be revoked under Section 13(g), Article 42.12, Code of Criminal
7-17 Procedure; or
7-18 (2) who is placed under community supervision under
7-19 that article and is required as a condition of community
7-20 supervision to not operate a motor vehicle unless the vehicle is
7-21 equipped with the device described by Section 13(i) of that
7-22 article, unless the person was punished under Section 49.09, Penal
7-23 Code.
7-24 SECTION 4. Section 9(h), Article 42.12, Code of Criminal
7-25 Procedure, is amended to read as follows:
7-26 (h) On a determination by the judge that alcohol or drug
7-27 abuse may have contributed to the commission of the offense, or in
8-1 any case involving a second or subsequent offense under Section
8-2 49.04, Penal Code, committed within five years of the date on which
8-3 the most recent preceding offense was committed, or a second or
8-4 subsequent offense under Section 49.07 or 49.08 of that code that
8-5 involves the operation of a motor vehicle, committed within five
8-6 years of the date on which the most recent preceding offense was
8-7 committed, the judge shall direct a supervision officer approved by
8-8 the community supervision and corrections department or the judge
8-9 or a person, program, or other agency approved by the Texas
8-10 Commission on Alcohol and Drug Abuse, to conduct an evaluation to
8-11 determine the appropriateness of, and a course of conduct necessary
8-12 for, alcohol or drug rehabilitation for a defendant and to report
8-13 that evaluation to the judge. The evaluation shall be made:
8-14 (1) after arrest and before conviction, if requested
8-15 by the defendant;
8-16 (2) after conviction and before sentencing, if the
8-17 judge assesses punishment in the case;
8-18 (3) after sentencing and before the entry of a final
8-19 judgment, if the jury assesses punishment in the case; or
8-20 (4) after community supervision is granted, if the
8-21 evaluation is required as a condition of community supervision
8-22 under Section 13 of this article.
8-23 SECTION 5. Sections 13(g) and (k), Article 42.12, Code of
8-24 Criminal Procedure, are amended to read as follows:
8-25 (g) A jury that recommends community supervision for a
8-26 person convicted of an offense under Sections 49.04-49.08, Penal
8-27 Code, may recommend that any driver's license issued to the
9-1 defendant under Chapter 521, Transportation Code, not be suspended.
9-2 This subsection does not apply to a person punished under Section
9-3 49.09, Penal Code.
9-4 (k) Notwithstanding Sections 521.344(d)-(i), Transportation
9-5 Code, if the judge, under Subsection (h) or (j) of this section,
9-6 permits or requires a defendant punished under Section 49.09, Penal
9-7 Code, to attend an educational program as a condition of community
9-8 supervision, or waives the required attendance for such a program,
9-9 and the defendant has previously been required to attend such a
9-10 program, or the required attendance at the program had been waived,
9-11 the judge nonetheless shall order the suspension of the driver's
9-12 license, permit, or operating privilege of that person for a period
9-13 determined by the judge according to the following schedule:
9-14 (1) not less than 90 days or more than 365 days, if
9-15 the defendant is convicted under Sections 49.04-49.08, Penal Code;
9-16 or
9-17 (2) not less than one year [180 days] or more than two
9-18 years, if the defendant is punished under Section 49.09, Penal
9-19 Code.
9-20 SECTION 6. Section 16, Article 42.12, Code of Criminal
9-21 Procedure, is amended by amending Subsection (b) and adding
9-22 Subsection (b-1) to read as follows:
9-23 (b) Except as provided by Subsection (b-1), the [The] amount
9-24 of community service work ordered by the judge:
9-25 (1) may not exceed 1,000 hours and may not be less
9-26 than 320 hours for an offense classified as a first degree felony;
9-27 (2) may not exceed 800 hours and may not be less than
10-1 240 hours for an offense classified as a second degree felony;
10-2 (3) may not exceed 600 hours and may not be less than
10-3 160 hours for an offense classified as a third degree felony;
10-4 (4) may not exceed 400 hours and may not be less than
10-5 120 hours for an offense classified as a state jail felony;
10-6 (5) may not exceed 200 hours and may not be less than
10-7 80 hours for an offense classified as a Class A misdemeanor or for
10-8 any other misdemeanor for which the maximum permissible
10-9 confinement, if any, exceeds six months or the maximum permissible
10-10 fine, if any, exceeds $4,000; and
10-11 (6) may not exceed 100 hours and may not be less than
10-12 24 hours for an offense classified as a Class B misdemeanor or for
10-13 any other misdemeanor for which the maximum permissible
10-14 confinement, if any, does not exceed six months and the maximum
10-15 permissible fine, if any, does not exceed $4,000.
10-16 (b-1) The amount of community service work ordered by the
10-17 judge:
10-18 (1) may not be less than 30 eight-hour days for an
10-19 offense under Section 49.04, Penal Code, that is punished under
10-20 Section 49.09(a) of that code; and
10-21 (2) may not be less than 60 eight-hour days for an
10-22 offense under Section 49.04, Penal Code, that is punished under
10-23 Section 49.09(b) of that code.
10-24 SECTION 7. (a) This Act takes effect September 1, 2001.
10-25 (b) The change in law made by Section 1 of this Act applies
10-26 only to a person whose driver's license is suspended or revoked
10-27 under Subchapter O, Chapter 521, Transportation Code, on or after
11-1 September 1, 2001.
11-2 (c) The change in law made by Section 2 of this Act applies
11-3 only to a person who applies for an occupational driver's license
11-4 on or after September 1, 2001.
11-5 (d) The change in law made by Section 3 of this Act applies
11-6 only to the suspension of the driver's license of a person
11-7 convicted of an offense committed on or after September 1, 2001.
11-8 The suspension of the driver's license of a person convicted of an
11-9 offense that was committed before September 1, 2001, is governed by
11-10 the law in effect on the date that the offense was committed, and
11-11 the former law is continued in effect for that purpose.
11-12 (e) The change in law made by Section 4 of this Act applies
11-13 only to an evaluation ordered in relation to an offense committed
11-14 on or after September 1, 2001. An evaluation ordered in relation
11-15 to an offense that was committed before September 1, 2001, is
11-16 governed by the law in effect on the date that the offense was
11-17 committed, and the former law is continued in effect for that
11-18 purpose.
11-19 (f) The changes in law made by Sections 5 and 6 of this Act
11-20 apply only to a person placed on community supervision or assigned
11-21 to community service for an offense committed on or after September
11-22 1, 2001. A person placed on community supervision or assigned to
11-23 community service for an offense that was committed before
11-24 September 1, 2001, is governed by the law in effect on the date the
11-25 offense was committed, and the former law is continued in effect
11-26 for that purpose.
11-27 (g) For the purposes of this section, an offense was
12-1 committed before September 1, 2001, if any element of the offense
12-2 occurred before that date.