By Nixon H.B. No. 1146 77R384 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the automatic suspension or revocation of the driver's 1-3 license of a person convicted of certain drug offenses. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The heading of Section 521.372, Transportation 1-6 Code, is amended to read as follows: 1-7 Sec. 521.372. AUTOMATIC SUSPENSION OR REVOCATION; LICENSE 1-8 DENIAL. 1-9 SECTION 2. Section 521.372, Transportation Code, is amended 1-10 by amending Subsection (c) and adding Subsections (d) and (e) to 1-11 read as follows: 1-12 (c) Except as provided by Subsections (d) and (e) and by 1-13 Section 521.374(b), the period of suspension under this section is 1-14 the 180 days after the date of a final conviction, and the period 1-15 of license denial is the 180 days after the date the person applies 1-16 to the department for reinstatement or issuance of a driver's 1-17 license. 1-18 (d) If it is shown on the trial of an offense specified in 1-19 Subsection (a) that the person has previously been convicted one 1-20 time of an offense specified in that subsection, the period of 1-21 suspension under this section is the 360 days after the date of the 1-22 final conviction, and the period of license denial is the 360 days 1-23 after the date the person applies to the department for 1-24 reinstatement or issuance of a driver's license. 2-1 (e) If it is shown on the trial of an offense specified in 2-2 Subsection (a) that the person has previously been convicted two or 2-3 more times of an offense specified in that subsection: 2-4 (1) the person's driver's license is permanently 2-5 revoked and the person is ineligible for reinstatement or issuance 2-6 of a driver's license by the department; or 2-7 (2) if on the date of the conviction the person did 2-8 not hold a driver's license, the department is permanently 2-9 prohibited from issuing a driver's license to the person. 2-10 SECTION 3. Section 521.374(b), Transportation Code, is 2-11 amended to read as follows: 2-12 (b) The period of suspension or prohibition under Section 2-13 521.372(c) or (d) continues for an indefinite period until the 2-14 individual successfully completes the educational program. 2-15 SECTION 4. Section 521.377(b), Transportation Code, is 2-16 amended to read as follows: 2-17 (b) A person whose license is suspended under Section 2-18 521.372 remains eligible to receive an occupational license under 2-19 Subchapter L. Suspension under Section 521.372 is not a suspension 2-20 for physical or mental disability or impairment for purposes of 2-21 eligibility to apply for an occupational license under Subchapter 2-22 L. A person whose license is revoked under Section 521.372 is not 2-23 eligible to receive an occupational license under Subchapter L. 2-24 SECTION 5. This Act takes effect September 1, 2001. The 2-25 change in law made by this Act applies only to the suspension or 2-26 revocation of the driver's license of a person convicted of a 2-27 second or subsequent offense specified in Section 521.372, 3-1 Transportation Code, on or after September 1, 2001, or to the 3-2 denial of a driver's license to a person convicted of a second or 3-3 subsequent offense specified in that section on or after that date.