By Uher H.B. No. 1064
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of an occupational driver's license and
1-3 the subsequent operation of a motor vehicle while under the
1-4 influence of alcohol or other substances by the license holder;
1-5 providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 521.248(a), Transportation Code, is
1-8 amended to read as follows:
1-9 (a) An order granting an occupational license must specify:
1-10 (1) the [
hours of the day and] days of the week during
1-11 which the person may operate a motor vehicle; and
1-12 (2) the reasons for which the person may operate a
1-13 motor vehicle[ ; and]
1-14 [ (3) areas or routes of travel permitted].
1-15 SECTION 2. Subchapter L, Chapter 521, Transportation Code, is
1-16 amended by adding Section 521.254 to read as follows:
1-17 Sec. 521.254. DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
1-18 OTHER SUBSTANCE BY LICENSE HOLDER. (a) A person who holds an
1-19 occupational license under this subchapter commits an offense if
1-20 the person operates a motor vehicle in a public place while having
1-21 any detectable amount of alcohol, a controlled substance, or a
1-22 dangerous drug in the person's system.
1-23 (b) An offense under this section is a misdemeanor
1-24 punishable by a fine not to exceed $1,000.
2-1 (c) Chapter 724 applies to a person arrested for an offense
2-2 under Subsection (a) in the same manner that chapter applies to a
2-3 person arrested for an offense under Section 49.04, Penal Code.
2-4 (d) A person who is arrested for an offense under this
2-5 section, but who was not requested by the arresting officer to
2-6 submit to the taking of a specimen of the person's breath or blood
2-7 under Chapter 724, on request to the arresting officer within a
2-8 reasonable time not to exceed two hours after the arrest, is
2-9 entitled to:
2-10 (1) have a physician, qualified technician, chemist,
2-11 or registered professional nurse at the person's sole expense draw
2-12 a specimen and have an analysis made of the person's blood; or
2-13 (2) on payment of the required fee, provide a breath
2-14 specimen and have an analysis made of the person's breath.
2-15 (e) A breath specimen taken at the request of the person
2-16 arrested must be taken and analyzed under rules of the department
2-17 by a person who holds a certificate issued by the department
2-18 certifying that the person is qualified to perform the analysis.
2-19 (f) An analysis made under Subsection (d) is admissible on
2-20 the trial of the offense to prove the extent if any to which the
2-21 person was under the influence of alcohol or other substance at the
2-22 time of the arrest. The refusal or inability of the arresting
2-23 officer to comply with a person's request under Subsection (d) is
2-24 admissible on the trial of the offense.
2-25 (g) The department by rule shall prescribe the amount of the
2-26 required fee for an analysis of a person's breath requested under
2-27 Subsection (d)(2). The fee may not exceed an amount that is equal
3-1 to the average cost to the department in the preceding fiscal year
3-2 of analyzing a breath specimen taken by the department under
3-3 Chapter 724.
3-4 (h) On conviction of an offense under this section, the
3-5 occupational license and the order granting that license are
3-7 SECTION 3. This Act takes effect September 1, 2001.