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.