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.