By Nelson S.B. No. 89
77R1684 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to possessing or consuming an alcoholic beverage in a
1-3 motor vehicle and to the civil and criminal consequences of
1-4 operating a motor vehicle while intoxicated.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 49.03, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
1-9 IN MOTOR VEHICLE. (a) A person commits an offense if the person
1-10 consumes an alcoholic beverage while operating a motor vehicle in a
1-11 public place [and is observed doing so by a peace officer].
1-12 (b) An occupant of a motor vehicle that is located on a
1-13 public highway, or on the right-of-way of a public highway,
1-14 including a rest area, comfort station, picnic area, roadside park,
1-15 or scenic overlook situated on the right-of-way of a public
1-16 highway, commits an offense if the person:
1-17 (1) consumes an alcoholic beverage; or
1-18 (2) possesses in the passenger area of the motor
1-19 vehicle a bottle, can, or other receptacle that:
1-20 (A) contains an alcoholic beverage; and
1-21 (B) has been opened, has a broken seal, or has
1-22 the contents partially removed.
1-23 (c) It is an affirmative defense to prosecution under
1-24 Subsection (b) that the person consuming the alcoholic beverage is,
2-1 or that the receptacle containing the alcoholic beverage is in the
2-2 possession of:
2-3 (1) a passenger in the living quarters of a house
2-4 coach or house trailer; or
2-5 (2) a passenger in a motor vehicle designed,
2-6 maintained, or used primarily for the transportation of persons for
2-7 compensation.
2-8 (d) An offense under this section is a Class C misdemeanor.
2-9 SECTION 2. Chapter 502, Transportation Code, is amended by
2-10 adding Subchapter I to read as follows:
2-11 SUBCHAPTER I. SUSPENSION OF REGISTRATION OF REPEAT
2-12 DWI OFFENDERS
2-13 Sec. 502.451. SUSPENSION OF REGISTRATION. (a) In this
2-14 section, "offense relating to the operating of a motor vehicle
2-15 while intoxicated" has the meaning assigned by Section 49.09, Penal
2-16 Code.
2-17 (b) The Department of Public Safety shall automatically
2-18 suspend all vehicle registrations of a person:
2-19 (1) who is convicted of a second or subsequent offense
2-20 relating to the operating of a motor vehicle while intoxicated
2-21 committed within five years of the date on which the most recent
2-22 preceding offense was committed; and
2-23 (2) whose driver's license is suspended or revoked
2-24 under Subchapter O, Chapter 521.
2-25 (c) A suspension of a vehicle registration under this
2-26 section:
2-27 (1) begins on the date that the suspension or
3-1 revocation of the person's driver's license under Subchapter O,
3-2 Chapter 521, takes effect; and
3-3 (2) continues until the date on which:
3-4 (A) the period of driver's license suspension
3-5 terminates; or
3-6 (B) the revoked license is reinstated.
3-7 Sec. 502.452. PROHIBITION AGAINST RENEWAL OR OTHER
3-8 REGISTRATION. Before the expiration of the period of registration
3-9 suspension, a person whose vehicle registration is suspended under
3-10 Section 502.451 may not:
3-11 (1) renew the suspended vehicle registration; or
3-12 (2) register another vehicle in the person's name.
3-13 Sec. 502.453. OPERATION OF MOTOR VEHICLE IN VIOLATION OF
3-14 SUSPENSION; OFFENSE. (a) A person commits an offense if the
3-15 person, during a period that a suspension of the person's vehicle
3-16 registration is in effect under this subchapter:
3-17 (1) operates the vehicle on a highway; or
3-18 (2) knowingly permits the vehicle to be operated on a
3-19 highway.
3-20 (b) It is an affirmative defense to prosecution under this
3-21 section that the person had not received notice under Section
3-22 502.454 of a suspension order concerning the person's vehicle
3-23 registration.
3-24 (c) An offense under this section is a misdemeanor
3-25 punishable by:
3-26 (1) a fine of not less than $100 or more than $500;
3-27 and
4-1 (2) confinement in county jail for a term of not less
4-2 than 72 hours or more than six months.
4-3 Sec. 502.454. NOTICE OF SUSPENSION OF VEHICLE REGISTRATION.
4-4 (a) The Department of Public Safety shall give written notice of a
4-5 vehicle registration suspension under this subchapter.
4-6 (b) The notice must be by personal delivery to the person or
4-7 by deposit in the United States mail addressed to the person at the
4-8 last address supplied to the department or the Department of Public
4-9 Safety by the person.
4-10 (c) Notice by mail is presumed to be received on the 10th
4-11 day after the date the notice is mailed. Proof of the notice may
4-12 be made by the certificate of a Department of Public Safety
4-13 employee stating that:
4-14 (1) the notice was prepared in the regular course of
4-15 business and placed in the United States mail as part of the
4-16 regular organized activity of that department; or
4-17 (2) the employee delivered the notice in person.
4-18 (d) A certificate under Subsection (c)(2) must specify the
4-19 name of the person to whom the notice was given and the time,
4-20 place, and manner of the delivery of the notice.
4-21 Sec. 502.455. RETURN OF VEHICLE REGISTRATIONS AND LICENSE
4-22 PLATES TO DEPARTMENT OF PUBLIC SAFETY. (a) A person notified of a
4-23 vehicle registration suspension under Section 502.454 shall send to
4-24 the Department of Public Safety the person's vehicle registration
4-25 receipts and the license plates for the person's vehicles.
4-26 (b) The registration receipts and license plates must be
4-27 sent not later than the 10th day after the date the person receives
5-1 written notice from the Department of Public Safety.
5-2 Sec. 502.456. FAILURE TO RETURN VEHICLE REGISTRATIONS AND
5-3 LICENSE PLATES; OFFENSE. (a) A person commits an offense if the
5-4 person fails or refuses to timely send to the Department of Public
5-5 Safety the person's vehicle registration receipts and license
5-6 plates as required by Section 502.455.
5-7 (b) An offense under this section is a misdemeanor
5-8 punishable by:
5-9 (1) a fine of not less than $100 or more than $500;
5-10 and
5-11 (2) confinement in county jail for a term of not less
5-12 than 72 hours or more than six months.
5-13 (c) The Department of Public Safety shall direct an employee
5-14 of that department to obtain and send to that department the
5-15 vehicle registration receipts and license plates of a person who
5-16 fails to return the person's registration receipts and license
5-17 plates in accordance with Section 502.455.
5-18 (d) The director of the Department of Public Safety or a
5-19 person designated by the director may file a complaint against a
5-20 person for an offense under Subsection (a).
5-21 Sec. 502.457. TRANSFER OF VEHICLE REGISTRATION PROHIBITED.
5-22 (a) An owner whose vehicle registration has been suspended under
5-23 this subchapter may not:
5-24 (1) transfer the registration unless the transfer is
5-25 authorized under Subsection (b); or
5-26 (2) register in another name the motor vehicle to
5-27 which the registration applies.
6-1 (b) The Department of Public Safety may authorize the
6-2 transfer of a vehicle registration if the director of that
6-3 department determines that the transfer is proposed in good faith
6-4 and not to defeat the purposes of this subchapter.
6-5 (c) This section does not affect the rights of a conditional
6-6 vendor or lessor of, or person with a security interest in, a motor
6-7 vehicle owned by a person who is subject to this section if the
6-8 vendor, lessor, or secured party is not the registered owner of the
6-9 vehicle.
6-10 Sec. 502.458. REINSTATEMENT FEE. (a) A vehicle
6-11 registration that has been suspended under this subchapter may not
6-12 be reinstated and a new registration receipt or license plates may
6-13 not be issued to the person until the person pays to the Department
6-14 of Public Safety a fee of $50.
6-15 (b) The fee imposed by this section is in addition to other
6-16 fees imposed by law.
6-17 (c) A person is required to pay only one fee under this
6-18 section, without regard to the number of vehicle registrations and
6-19 license plates to be reinstated for or issued to the person in
6-20 connection with the payment.
6-21 SECTION 3. Section 521.251, Transportation Code, is amended
6-22 by redesignating existing Subsection (d) as Subsection (e) and
6-23 adding a new Subsection (d) to read as follows:
6-24 (d) Notwithstanding any other provision in this section, if
6-25 the person's driver's license has been suspended as a result of a
6-26 second or subsequent conviction under Section 49.04, 49.07, or
6-27 49.08, Penal Code, committed within five years of the date on which
7-1 the most recent preceding offense was committed, an order granting
7-2 the person an occupational license may not take effect before the
7-3 first anniversary of the effective date of the suspension.
7-4 (e) [(d)] For the purposes of this section, "alcohol-related
7-5 or drug-related enforcement contact" has the meaning assigned by
7-6 Section 524.001.
7-7 SECTION 4. The section heading to and Subsections (a), (b),
7-8 and (d), Section 521.344, Transportation Code, are amended to read
7-9 as follows:
7-10 Sec. 521.344. SUSPENSION FOR OFFENSES INVOLVING INTOXICATION
7-11 [RELATED TO USE OF ALCOHOL]. (a) Except as provided by Sections
7-12 521.342(b) and 521.345, and by Subsections (d)-(i), if a person is
7-13 convicted of an offense under Section 49.04 or 49.07, Penal Code,
7-14 [that is committed as a result of the introduction of alcohol into
7-15 the body,] the license suspension:
7-16 (1) begins on a date set by the court that is not
7-17 earlier than the date of the conviction or later than the 30th day
7-18 after the date of the conviction, as determined by the court; and
7-19 (2) continues for a period set by the court according
7-20 to the following schedule:
7-21 (A) not less than 90 days or more than one year
7-22 if the person is punished under Section 49.04 or 49.07, Penal Code;
7-23 or
7-24 (B) not less than one year [180 days] or more
7-25 than two years, if the person is punished under Section 49.09,
7-26 Penal Code.
7-27 (b) Except as provided by Section 521.342(b), if a person is
8-1 convicted of an offense under Section 49.08, Penal Code, the
8-2 license suspension [begins]:
8-3 (1) begins on a date set by the court that is not
8-4 earlier than the date of the conviction or later than the 30th day
8-5 after the date of the conviction, as determined by the court; and
8-6 (2) continues for a period set by the court of not
8-7 less than one year [180 days] or more than two years.
8-8 (d) Except as provided by Subsection (e) and Section
8-9 521.342(b), during a period of probation the department may not
8-10 revoke the person's license if the person is required under Section
8-11 13(h) or (j), Article 42.12, Code of Criminal Procedure, to
8-12 successfully complete an educational program designed to
8-13 rehabilitate persons who have operated motor vehicles while
8-14 intoxicated, unless the person was punished under Section 49.09,
8-15 Penal Code. The department may not revoke the license of a person:
8-16 (1) for whom the jury has recommended that the license
8-17 not be revoked under Section 13(g), Article 42.12, Code of Criminal
8-18 Procedure; or
8-19 (2) who is placed under community supervision under
8-20 that article and is required as a condition of community
8-21 supervision to not operate a motor vehicle unless the vehicle is
8-22 equipped with the device described by Section 13(i) of that
8-23 article, unless the person was punished under Section 49.09, Penal
8-24 Code.
8-25 SECTION 5. Section 9(h), Article 42.12, Code of Criminal
8-26 Procedure, is amended to read as follows:
8-27 (h) On a determination by the judge that alcohol or drug
9-1 abuse may have contributed to the commission of the offense, or in
9-2 any case involving a second or subsequent offense under Section
9-3 49.04, Penal Code, committed within five years of the date on which
9-4 the most recent preceding offense was committed, or a second or
9-5 subsequent offense under Section 49.07 or 49.08 of that code that
9-6 involves the operation of a motor vehicle, committed within five
9-7 years of the date on which the most recent preceding offense was
9-8 committed, the judge shall direct a supervision officer approved by
9-9 the community supervision and corrections department or the judge
9-10 or a person, program, or other agency approved by the Texas
9-11 Commission on Alcohol and Drug Abuse, to conduct an evaluation to
9-12 determine the appropriateness of, and a course of conduct necessary
9-13 for, alcohol or drug rehabilitation for a defendant and to report
9-14 that evaluation to the judge. The evaluation shall be made:
9-15 (1) after arrest and before conviction, if requested
9-16 by the defendant;
9-17 (2) after conviction and before sentencing, if the
9-18 judge assesses punishment in the case;
9-19 (3) after sentencing and before the entry of a final
9-20 judgment, if the jury assesses punishment in the case; or
9-21 (4) after community supervision is granted, if the
9-22 evaluation is required as a condition of community supervision
9-23 under Section 13 of this article.
9-24 SECTION 6. Sections 13(g) and (k), Article 42.12, Code of
9-25 Criminal Procedure, are amended to read as follows:
9-26 (g) A jury that recommends community supervision for a
9-27 person convicted of an offense under Sections 49.04-49.08, Penal
10-1 Code, may recommend that any driver's license issued to the
10-2 defendant under Chapter 521, Transportation Code, not be suspended.
10-3 This subsection does not apply to a person punished under Section
10-4 49.09, Penal Code.
10-5 (k) Notwithstanding Sections 521.344(d)-(i), Transportation
10-6 Code, if the judge, under Subsection (h) or (j) of this section,
10-7 permits or requires a defendant punished under Section 49.09, Penal
10-8 Code, to attend an educational program as a condition of community
10-9 supervision, or waives the required attendance for such a program,
10-10 and the defendant has previously been required to attend such a
10-11 program, or the required attendance at the program had been waived,
10-12 the judge nonetheless shall order the suspension of the driver's
10-13 license, permit, or operating privilege of that person for a period
10-14 determined by the judge according to the following schedule:
10-15 (1) not less than 90 days or more than 365 days, if
10-16 the defendant is convicted under Sections 49.04-49.08, Penal Code;
10-17 or
10-18 (2) not less than one year [180 days] or more than two
10-19 years, if the defendant is punished under Section 49.09, Penal
10-20 Code.
10-21 SECTION 7. Section 16, Article 42.12, Code of Criminal
10-22 Procedure, is amended by amending Subsection (b) and adding
10-23 Subsection (b-1) to read as follows:
10-24 (b) Except as provided by Subsection (b-1), the [The] amount
10-25 of community service work ordered by the judge:
10-26 (1) may not exceed 1,000 hours and may not be less
10-27 than 320 hours for an offense classified as a first degree felony;
11-1 (2) may not exceed 800 hours and may not be less than
11-2 240 hours for an offense classified as a second degree felony;
11-3 (3) may not exceed 600 hours and may not be less than
11-4 160 hours for an offense classified as a third degree felony;
11-5 (4) may not exceed 400 hours and may not be less than
11-6 120 hours for an offense classified as a state jail felony;
11-7 (5) may not exceed 200 hours and may not be less than
11-8 80 hours for an offense classified as a Class A misdemeanor or for
11-9 any other misdemeanor for which the maximum permissible
11-10 confinement, if any, exceeds six months or the maximum permissible
11-11 fine, if any, exceeds $4,000; and
11-12 (6) may not exceed 100 hours and may not be less than
11-13 24 hours for an offense classified as a Class B misdemeanor or for
11-14 any other misdemeanor for which the maximum permissible
11-15 confinement, if any, does not exceed six months and the maximum
11-16 permissible fine, if any, does not exceed $4,000.
11-17 (b-1) The amount of community service work ordered by the
11-18 judge:
11-19 (1) may not be less than 30 eight-hour days for an
11-20 offense under Section 49.04, Penal Code, that is punished under
11-21 Section 49.09(a) of that code; and
11-22 (2) may not be less than 60 eight-hour days for an
11-23 offense under Section 49.04, Penal Code, that is punished under
11-24 Section 49.09(b) of that code.
11-25 SECTION 8. (a) This Act takes effect September 1, 2001.
11-26 (b) The change in law made by this Act applies only to an
11-27 offense committed on or after September 1, 2001. An offense that
12-1 was committed before September 1, 2001, is governed by the law in
12-2 effect on the date the offense was committed, and the former law is
12-3 continued in effect for that purpose.
12-4 (c) The change in law made by Section 2 of this Act applies
12-5 only to a person whose driver's license is suspended or revoked
12-6 under Subchapter O, Chapter 521, Transportation Code, on or after
12-7 September 1, 2001.
12-8 (d) The change in law made by Section 3 of this Act applies
12-9 only to a person who applies for an occupational driver's license
12-10 on or after September 1, 2001.
12-11 (e) The change in law made by Section 4 of this Act applies
12-12 only to the suspension of the driver's license of a person
12-13 convicted of an offense committed on or after September 1, 2001.
12-14 The suspension of the driver's license of a person convicted of an
12-15 offense that was committed before September 1, 2001, is governed by
12-16 the law in effect on the date that the offense was committed, and
12-17 the former law is continued in effect for that purpose.
12-18 (f) The change in law made by Section 5 of this Act applies
12-19 only to an evaluation ordered in relation to an offense committed
12-20 on or after September 1, 2001. An evaluation ordered in relation
12-21 to an offense that was committed before September 1, 2001, is
12-22 governed by the law in effect on the date that the offense was
12-23 committed, and the former law is continued in effect for that
12-24 purpose.
12-25 (g) The changes in law made by Sections 6 and 7 of this Act
12-26 apply only to a person placed on community supervision or assigned
12-27 to community service for an offense committed on or after September
13-1 1, 2001. A person placed on community supervision or assigned to
13-2 community service for an offense that was committed before
13-3 September 1, 2001, is governed by the law in effect on the date the
13-4 offense was committed, and the former law is continued in effect
13-5 for that purpose.
13-6 (h) For the purposes of this section, an offense was
13-7 committed before September 1, 2001, if any element of the offense
13-8 occurred before that date.