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.