By Hope H.B. No. 487
77R3278 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil consequences of operating a watercraft or a
1-3 motor vehicle while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.341, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE SUSPENSION.
1-8 Except as provided by Sections 521.344(d)-(i), a license is
1-9 automatically suspended on final conviction of the license holder
1-10 of:
1-11 (1) an offense under Section 19.05, Penal Code,
1-12 committed as a result of the holder's criminally negligent
1-13 operation of a motor vehicle;
1-14 (2) an offense under Section 38.04, Penal Code;
1-15 (3) an offense under Section 49.04, 49.06, 49.07, or
1-16 49.08, Penal Code;
1-17 (4) [an offense under Section 49.07, Penal Code, if
1-18 the person used a motor vehicle in the commission of the offense;]
1-19 [(5)] an offense punishable as a felony under the
1-20 motor vehicle laws of this state;
1-21 (5) [(6)] an offense under Section 550.021; or
1-22 (6) [(7)] an offense under Section 521.451 or 521.453.
1-23 SECTION 2. Section 521.342(a), Transportation Code, is
1-24 amended to read as follows:
2-1 (a) Except as provided by Section 521.344, the license of a
2-2 person who was under 21 years of age at the time of the offense,
2-3 other than an offense classified as a misdemeanor punishable by
2-4 fine only, is automatically suspended on conviction of:
2-5 (1) an offense under Section 49.04, 49.06, or 49.07,
2-6 Penal Code[, committed as a result of the introduction of alcohol
2-7 into the body];
2-8 (2) an offense under the Alcoholic Beverage Code,
2-9 other than an offense to which Section 106.071 of that code
2-10 applies, involving the manufacture, delivery, possession,
2-11 transportation, or use of an alcoholic beverage;
2-12 (3) a misdemeanor offense under Chapter 481, Health
2-13 and Safety Code, for which Subchapter P does not require the
2-14 automatic suspension of the license;
2-15 (4) an offense under Chapter 483, Health and Safety
2-16 Code, involving the manufacture, delivery, possession,
2-17 transportation, or use of a dangerous drug; or
2-18 (5) an offense under Chapter 484, Health and Safety
2-19 Code, involving the manufacture, delivery, possession,
2-20 transportation, or use of a volatile chemical.
2-21 SECTION 3. Sections 521.344(a) and (c), Transportation Code,
2-22 are amended to read as follows:
2-23 (a) Except as provided by Sections 521.342(b) and 521.345,
2-24 and by Subsections (d)-(i), if a person is convicted of an offense
2-25 under Section 49.04, 49.06, or 49.07, Penal Code, that is committed
2-26 as a result of the introduction of alcohol into the body, the
2-27 license suspension:
3-1 (1) begins on a date set by the court that is not
3-2 earlier than the date of the conviction or later than the 30th day
3-3 after the date of the conviction, as determined by the court; and
3-4 (2) continues for a period set by the court according
3-5 to the following schedule:
3-6 (A) not less than 90 days or more than one year
3-7 if the person is punished under Section 49.04, 49.06, or 49.07,
3-8 Penal Code; or
3-9 (B) not less than 180 days or more than two
3-10 years, if the person is punished under Section 49.09, Penal Code.
3-11 (c) The court shall credit toward the period of suspension a
3-12 suspension imposed on the person for refusal to give a specimen
3-13 under Chapter 724 if the refusal followed an arrest for the same
3-14 offense for which the court is suspending the person's license
3-15 under this chapter. The court may not extend the credit to a
3-16 person:
3-17 (1) who has been previously convicted of an offense
3-18 under Section 49.04, 49.06, 49.07, or 49.08, Penal Code; or
3-19 (2) whose period of suspension is governed by Section
3-20 521.342(b).
3-21 SECTION 4. Section 524.012(b), Transportation Code, is
3-22 amended to read as follows:
3-23 (b) The department shall suspend the person's driver's
3-24 license if the department determines that:
3-25 (1) the person had an alcohol concentration of a level
3-26 specified by Section 49.01(2)(B), Penal Code, while operating a
3-27 motor vehicle in a public place or while operating a watercraft; or
4-1 (2) the person is a minor and had any detectable
4-2 amount of alcohol in the minor's system while operating a motor
4-3 vehicle in a public place or while operating a watercraft.
4-4 SECTION 5. Section 524.022(b), Transportation Code, is
4-5 amended to read as follows:
4-6 (b) A period of suspension under this chapter for a minor
4-7 is:
4-8 (1) 60 days if the minor has not been previously
4-9 convicted of an offense under Section 106.041, Alcoholic Beverage
4-10 Code, or Section 49.04 or 49.06, Penal Code, or an offense under
4-11 Section 49.07 or 49.08, Penal Code, involving the operation of a
4-12 motor vehicle or watercraft;
4-13 (2) 120 days if the minor has been previously
4-14 convicted once of an offense listed by Subdivision (1); or
4-15 (3) 180 days if the minor has been previously
4-16 convicted twice or more of an offense listed by Subdivision (1).
4-17 SECTION 6. Section 524.023, Transportation Code, is amended
4-18 to read as follows:
4-19 Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
4-20 (a) If a person is convicted of an offense under Section 106.041,
4-21 Alcoholic Beverage Code, or Section 49.04, 49.06, 49.07, or 49.08,
4-22 Penal Code, and if any conduct on which that conviction is based is
4-23 a ground for a driver's license suspension under this chapter and
4-24 Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter
4-25 521, or Subchapter H, Chapter 522, each of the suspensions shall be
4-26 imposed.
4-27 (b) The court imposing a driver's license suspension under
5-1 Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
5-2 required by Subsection (a) shall credit a period of suspension
5-3 imposed under this chapter toward the period of suspension required
5-4 under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
5-5 Chapter 521, or Subchapter H, Chapter 522, unless the person was
5-6 convicted of an offense under Article 6701l-1, Revised Statutes, as
5-7 that law existed before September 1, 1994, Section 19.05(a)(2),
5-8 Penal Code, as that law existed before September 1, 1994, Section
5-9 49.04, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041,
5-10 Alcoholic Beverage Code, before the date of the conviction on which
5-11 the suspension is based, in which event credit may not be given.
5-12 SECTION 7. Section 524.001(3), Transportation Code, is
5-13 amended to read as follows:
5-14 (3) "Alcohol-related or drug-related enforcement
5-15 contact" means a driver's license suspension, disqualification, or
5-16 prohibition order under the laws of this state or another state
5-17 resulting from:
5-18 (A) a conviction of an offense prohibiting the
5-19 operation of a motor vehicle or watercraft while:
5-20 (i) intoxicated;
5-21 (ii) under the influence of alcohol; or
5-22 (iii) under the influence of a controlled
5-23 substance;
5-24 (B) a refusal to submit to the taking of a
5-25 breath or blood specimen following an arrest for an offense
5-26 prohibiting the operation of a motor vehicle or watercraft while:
5-27 (i) intoxicated;
6-1 (ii) under the influence of alcohol; or
6-2 (iii) under the influence of a controlled
6-3 substance; or
6-4 (C) an analysis of a breath or blood specimen
6-5 showing an alcohol concentration of a level specified by Section
6-6 49.01, Penal Code, following an arrest for an offense prohibiting
6-7 the operation of a motor vehicle or watercraft while intoxicated.
6-8 SECTION 8. Section 524.011(a), Transportation Code, is
6-9 amended to read as follows:
6-10 (a) An officer arresting a person shall comply with
6-11 Subsection (b) if:
6-12 (1) the person is arrested for an offense under
6-13 Section 49.04 or 49.06, Penal Code, or an offense under Section
6-14 49.07 or 49.08 of that code involving the operation of a motor
6-15 vehicle or watercraft, submits to the taking of a specimen of
6-16 breath or blood and an analysis of the specimen shows the person
6-17 had an alcohol concentration of a level specified by Section
6-18 49.01(2)(B), Penal Code; or
6-19 (2) the person is a minor arrested for an offense
6-20 under Section 106.041, Alcoholic Beverage Code, or Section 49.04 or
6-21 49.06, Penal Code, or an offense under Section 49.07 or 49.08,
6-22 Penal Code, involving the operation of a motor vehicle or
6-23 watercraft and:
6-24 (A) the minor is not requested to submit to the
6-25 taking of a specimen; or
6-26 (B) the minor submits to the taking of a
6-27 specimen and an analysis of the specimen shows that the minor had
7-1 an alcohol concentration of greater than .00 but less than the
7-2 level specified by Section 49.01(2)(B), Penal Code.
7-3 SECTION 9. Section 524.015(b), Transportation Code, is
7-4 amended to read as follows:
7-5 (b) A suspension may not be imposed under this chapter on a
7-6 person who is acquitted of a criminal charge under Section 49.04,
7-7 49.06, 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic
7-8 Beverage Code, arising from the occurrence that was the basis for
7-9 the suspension. If a suspension was imposed before the acquittal,
7-10 the department shall rescind the suspension and shall remove any
7-11 reference to the suspension from the person's computerized driving
7-12 record.
7-13 SECTION 10. Section 524.035(a), Transportation Code, is
7-14 amended to read as follows:
7-15 (a) The issues that must be proved at a hearing by a
7-16 preponderance of the evidence are:
7-17 (1) whether:
7-18 (A) the person had an alcohol concentration of a
7-19 level specified by Section 49.01(2)(B), Penal Code, while operating
7-20 a motor vehicle in a public place or while operating a watercraft;
7-21 or
7-22 (B) the person is a minor and had any detectable
7-23 amount of alcohol in the minor's system while operating a motor
7-24 vehicle in a public place or while operating a watercraft; and
7-25 (2) whether reasonable suspicion to stop or probable
7-26 cause to arrest the person existed.
7-27 SECTION 11. Section 524.042(a), Transportation Code, is
8-1 amended to read as follows:
8-2 (a) A suspension of a driver's license under this chapter is
8-3 stayed on the filing of an appeal petition only if:
8-4 (1) the person's driver's license has not been
8-5 suspended as a result of an alcohol-related or drug-related
8-6 enforcement contact during the five years preceding the date of the
8-7 person's arrest; and
8-8 (2) the person has not been convicted during the 10
8-9 years preceding the date of the person's arrest of an offense
8-10 under:
8-11 (A) Article 6701l-1, Revised Statutes, as that
8-12 law existed before September 1, 1994;
8-13 (B) Section 19.05(a)(2), Penal Code, as that law
8-14 existed before September 1, 1994;
8-15 (C) Section 49.04 or 49.06, Penal Code;
8-16 (D) Section 49.07 or 49.08, Penal Code, if the
8-17 offense involved the operation of a motor vehicle or watercraft; or
8-18 (E) Section 106.041, Alcoholic Beverage Code.
8-19 SECTION 12. Section 724.002, Transportation Code, is amended
8-20 to read as follows:
8-21 Sec. 724.002. APPLICABILITY. The provisions of this chapter
8-22 that apply to suspension of a license for refusal to submit to the
8-23 taking of a specimen (Sections 724.013, 724.015, and 724.048 and
8-24 Subchapters C and D) apply only to a person arrested for an offense
8-25 involving the operation of a motor vehicle or watercraft.
8-26 SECTION 13. Section 724.032(b), Transportation Code, is
8-27 amended to read as follows:
9-1 (b) The director must approve the form of the refusal
9-2 report. The report must:
9-3 (1) show the grounds for the officer's belief that the
9-4 person had been operating a motor vehicle or watercraft while
9-5 intoxicated; and
9-6 (2) contain a copy of:
9-7 (A) the refusal statement requested under
9-8 Section 724.031; or
9-9 (B) a statement signed by the officer that the
9-10 person refused to:
9-11 (i) submit to the taking of the requested
9-12 specimen; and
9-13 (ii) sign the requested statement under
9-14 Section 724.031.
9-15 SECTION 14. Section 724.042, Transportation Code, is amended
9-16 to read as follows:
9-17 Sec. 724.042. ISSUES AT HEARING. The issues at a hearing
9-18 under this subchapter are whether:
9-19 (1) reasonable suspicion or probable cause existed to
9-20 stop or arrest the person;
9-21 (2) probable cause existed to believe that the person
9-22 was:
9-23 (A) operating a motor vehicle in a public place
9-24 while intoxicated; or
9-25 (B) operating a watercraft while intoxicated;
9-26 (3) the person was placed under arrest by the officer
9-27 and was requested to submit to the taking of a specimen; and
10-1 (4) the person refused to submit to the taking of a
10-2 specimen on request of the officer.
10-3 SECTION 15. (a) This Act takes effect September 1, 2001.
10-4 (b) The changes in law made by this Act to Chapter 521,
10-5 Transportation Code, apply only to a person finally convicted of an
10-6 offense under Chapter 49, Penal Code, on or after September 1,
10-7 2001. A person finally convicted of an offense under Chapter 49,
10-8 Penal Code, before September 1, 2001, is covered by Chapter 521,
10-9 Transportation Code, as that law existed on the date the conviction
10-10 became final, and the former law is continued in effect for that
10-11 purpose.
10-12 (c) The changes in law made by this Act to Chapter 524,
10-13 Transportation Code, apply only to a person arrested for an offense
10-14 under Section 106.041, Alcoholic Beverage Code, or for an offense
10-15 under Chapter 49, Penal Code, on or after September 1, 2001. A
10-16 person arrested for an offense under Section 106.041, Alcoholic
10-17 Beverage Code, or under Chapter 49, Penal Code, before September 1,
10-18 2001, is covered by Chapter 524, Transportation Code, as that law
10-19 existed on the date of the person's arrest, and the former law is
10-20 continued in effect for that purpose.
10-21 (d) The changes in law made by this Act to Chapter 724,
10-22 Transportation Code, apply only to a person arrested for an offense
10-23 of operating a motor vehicle or a watercraft while intoxicated on
10-24 or after September 1, 2001. A person arrested for an offense of
10-25 operating a motor vehicle or a watercraft while intoxicated before
10-26 September 1, 2001, is covered by Chapter 524, Transportation Code,
10-27 as that law existed on the date of the person's arrest, and the
11-1 former law is continued in effect for that purpose.