By Williams H.B. No. 3330
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of driving while license invalid, canceled
1-3 or revoked.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.457, Transportation Code is amended to
1-6 read as follows:
1-7 Sec. 521.457. DRIVING WHILE LICENSE INVALID. (a) A person
1-8 commits an offense if the person operates a motor vehicle on a
1-9 [highway:] public roadway:
1-10 (1) [after the person's driver's license has been
1-11 canceled under this chapter if the person does not have a license
1-12 that was subsequently issued under this chapter;] while the
1-13 person's driver license or driving privilege is suspended, revoked,
1-14 canceled, denied, or is prohibited from obtaining a driver license
1-15 under any law of this state;
1-16 (2) [during a period that the person's driver's
1-17 license or privilege is suspended or revoked under:]
1-18 [(A) this chapter;]
1-19 [(B) Chapter 524;]
1-20 [(C) Chapter 724;]
1-21 [(D) Section 106.071, Alcoholic Beverage Code;
1-22 or]
1-23 [(E) Article 42.12, Code of Criminal Procedure;]
2-1 [(3)] while the person's driver's license is expired
2-2 if the license expired during a period of suspension, revocation,
2-3 disqualification, cancellation or denial imposed under any law of
2-4 this state.[:]
2-5 [(A) this chapter;]
2-6 [(B) Chapter 524;]
2-7 [(C) Chapter 724;]
2-8 [(D) Section 106.071, Alcoholic Beverage Code;
2-9 or]
2-10 [(E) Article 42.12, Code of Criminal Procedure;
2-11 or]
2-12 [(4) after renewal of the person's driver's license
2-13 has been denied under Chapter 706, if the person does not have a
2-14 driver's license subsequently issued under this chapter.]
2-15 [(b) A person commits an offense if the person is the
2-16 subject of an order issued under this chapter or Chapter 724 that
2-17 prohibits the person from obtaining a driver's license and the
2-18 person operates a motor vehicle on a highway.]
2-19 [(c)] (b) It is not a defense to prosecution under this
2-20 section that the person did not receive actual notice of a
2-21 suspension imposed as a result of a conviction for an offense under
2-22 Section 521.341.
2-23 [(d)] (c) Except as provided by Subsection (c), it is an
2-24 affirmative defense to prosecution of an offense, other than an
2-25 offense under Section 521.341, that the person did not receive
2-26 actual notice of a cancellation, suspension, revocation, or
3-1 prohibition order relating to the person's license. For purposes
3-2 of this section, actual notice is presumed if the notice was mailed
3-3 in accordance with law.
3-4 [(e)] (d) Except as provided by Subsection (f), an offense
3-5 under this section is a misdemeanor punishable by:
3-6 (1) a fine of not less than $100 or more than $500;
3-7 and
3-8 (2) confinement in county jail for a term of not less
3-9 than 72 hours or more than six months.
3-10 [(f)] (e) If it is shown on the trial of an offense under
3-11 this section that the person has previously been convicted of an
3-12 offense under this section or Section 601.371(a), the offense is a
3-13 Class A misdemeanor.
3-14 [(g)] (f) For purposes of this section, a conviction for an
3-15 offense that involves operation of a motor vehicle after August 31,
3-16 1987, is a final conviction, regardless of whether the sentence for
3-17 the conviction is probated.
3-18 SECTION 2. Section 601.371, Transportation Code is amended
3-19 to read as follows:
3-20 Sec. 601.371. OPERATION OF MOTOR VEHICLE IN VIOLATION OF
3-21 SUSPENSION; OFFENSE. (a) [A person commits an offense if the
3-22 person operates a motor vehicle on a highway:]
3-23 [(1) during a period that a suspension of the person's
3-24 driver's license or nonresident's operating privilege is in effect
3-25 under this chapter; or]
3-26 [(2) while the person's driver's license is expired,
4-1 if the license expired during a period of suspension imposed under
4-2 this chapter.]
4-3 [(b)] A person commits an offense if the person, during a
4-4 period that a suspension of the person's vehicle registration is in
4-5 effect under this chapter, knowingly permits a motor vehicle owned
4-6 by the person to be operated on a highway.
4-7 [(e)] (b) It is an affirmative defense to prosecution under
4-8 this section that the person had not received notice of a
4-9 suspension order concerning the person's driver's license,
4-10 nonresident's operating privilege, or vehicle registration. For
4-11 purposes of this subsection, notice is presumed to be received if
4-12 the notice was mailed in accordance with this chapter to the last
4-13 known address of the person as shown by department records.
4-14 [(d)] (c) Except as provided by Subsection (e), an offense
4-15 under this section is a misdemeanor punishable by:
4-16 (1) a fine of not less than $100 or more than $500;
4-17 and
4-18 (2) confinement in county jail for a term of not less
4-19 than 72 hours or more than six months.
4-20 [(e)] (d) If it is shown on the trial of an offense under
4-21 this section that person has previously been convicted of an
4-22 offense under this section or under Section 521.457, the offense is
4-23 punishable as a Class A misdemeanor.
4-24 [(f)] (e) In this section, a conviction for an offense that
4-25 involves operation of a motor vehicle after August 31, 1987, is a
4-26 final conviction, whether the sentence for the conviction is
5-1 imposed or probated.
5-2 SECTION 3. This Act takes effect on September 1, 2001. A
5-3 person who commits an offense under 521.457 or 601.371 Subsection
5-4 (a) prior to September 1, 2001, is governed by the law in effect on
5-5 the date the offense was committed, and the former law is continued
5-6 in effect for that purpose.