By Van de Putte                                        S.B. No. 963
         77R7695 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the fee for reinstatement of certain suspended,
 1-3     revoked, canceled, or disqualified driver's licenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 521.313, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 521.313.  REINSTATEMENT AND REISSUANCE; FEE.  (a)  A
 1-8     license that is suspended, [or] revoked, canceled, or disqualified
 1-9     under this subchapter may not be reinstated or another license
1-10     issued to the person until the person pays the department a fee of
1-11     $100 in addition to any other fee required by law.
1-12           (b)  The payment of a reinstatement fee is not required if a
1-13     suspension, [or] revocation, cancellation, or disqualification
1-14     under this subchapter is:
1-15                 (1)  rescinded by the department; or
1-16                 (2)  not sustained by a presiding officer or a court.
1-17           (c)  A license suspension, revocation, cancellation, or
1-18     disqualification under this subchapter remains in effect until the
1-19     person pays the fee required by Subsection (a).
1-20           SECTION 2.  Subchapter O, Chapter 521, Transportation Code,
1-21     is amended by adding Section 521.349 to read as follows:
1-22           Sec. 521.349.  REINSTATEMENT; FEE.  (a)  A license that is
1-23     suspended or revoked under this subchapter may not be reinstated,
1-24     or the person issued a new license following the expiration of the
 2-1     period of suspension, until the person pays the department a fee of
 2-2     $100 in addition to any other fee required by law.
 2-3           (b)  Subsection (a)  does not apply to a license that is
 2-4     suspended under Section 521.345 or revoked under Section 521.348.
 2-5           (c)  A license suspension or revocation under this subchapter
 2-6     remains in effect until the person pays the fee required by
 2-7     Subsection (a).
 2-8           SECTION 3.  Section 521.377(a), Transportation Code, is
 2-9     amended to read as follows:
2-10           (a)  The department, on payment of a $100 [the applicable]
2-11     fee, shall reinstate a person's license or, if the person otherwise
2-12     qualifies for a license, issue the license, if:
2-13                 (1)  the department receives notification from the
2-14     clerk of the court in which the person was convicted that the
2-15     person has successfully completed an educational program under this
2-16     subchapter; and
2-17                 (2)  the person's driver's license has been suspended
2-18     or license application denied for at least the period provided by
2-19     Section 521.372(c).
2-20           SECTION 4.  Subchapter H, Chapter 522, Transportation Code,
2-21     is amended by adding Section 522.093 to read as follows:
2-22           Sec. 522.093.  REINSTATEMENT; FEE.  (a)  A license that is
2-23     disqualified under this subchapter may not be reinstated, or the
2-24     person issued a new license following the expiration of the period
2-25     of disqualification, until the person pays the department a fee of
2-26     $100 in addition to any other fee required by law.
2-27           (b)  A license disqualification under this subchapter remains
 3-1     in effect until the person pays the fee required by Subsection (a).
 3-2           SECTION 5.  Section 524.051, Transportation Code, is amended
 3-3     by adding Subsection (c) to read as follows:
 3-4           (c)  A license suspension under this chapter remains in
 3-5     effect until the person pays the fee required by Subsection (a).
 3-6           SECTION 6.  Section 724.046, Transportation Code, is amended
 3-7     by adding Subsection (c) to read as follows:
 3-8           (c)  A license suspension or denial under this chapter
 3-9     remains in effect until the person pays the fee required by
3-10     Subsection (a).
3-11           SECTION 7.  Section 13(h), Article 42.12, Code of Criminal
3-12     Procedure, is amended to read as follows:
3-13           (h)  If a person convicted of an offense under Sections
3-14     49.04-49.08, Penal Code, is placed on community supervision, the
3-15     judge shall require, as a condition of the community supervision,
3-16     that the defendant attend and successfully complete before the
3-17     181st day after the day community supervision is granted an
3-18     educational program jointly approved by the Texas Commission on
3-19     Alcohol and Drug Abuse, the Department of Public Safety, the
3-20     Traffic Safety Section of the Texas Department of Transportation,
3-21     and the community justice assistance division of the Texas
3-22     Department of Criminal Justice designed to rehabilitate persons who
3-23     have driven while intoxicated.  The Texas Commission on Alcohol and
3-24     Drug Abuse shall publish the jointly approved rules and shall
3-25     monitor, coordinate, and provide training to persons providing the
3-26     educational programs.  The Texas Commission on Alcohol and Drug
3-27     Abuse is responsible for the administration of the certification of
 4-1     approved educational programs and may charge a nonrefundable
 4-2     application fee for the initial certification of approval and for
 4-3     renewal of a certificate.  The judge may waive the educational
 4-4     program requirement or may grant an extension of time to
 4-5     successfully complete the program that expires not later than one
 4-6     year after the beginning date of the person's community
 4-7     supervision, however, if the defendant by a motion in writing shows
 4-8     good cause.  In determining good cause, the judge may consider but
 4-9     is not limited to:  the defendant's school and work schedule, the
4-10     defendant's health, the distance that the defendant must travel to
4-11     attend an educational program, and the fact that the defendant
4-12     resides out of state, has no valid driver's license, or does not
4-13     have access to transportation.  The judge shall set out the finding
4-14     of good cause for waiver in the judgment.  If a defendant is
4-15     required, as a condition of community supervision, to attend an
4-16     educational program or if the court waives the educational program
4-17     requirement, the court clerk shall immediately report that fact to
4-18     the Department of Public Safety, on a form prescribed by the
4-19     department, for inclusion in the person's driving record.  If the
4-20     court grants an extension of time in which the person may complete
4-21     the program, the court clerk shall immediately report that fact to
4-22     the Department of Public Safety on a form prescribed by the
4-23     department.  The report must include the beginning date of the
4-24     person's community supervision.  Upon the person's successful
4-25     completion of the educational program, the person's instructor
4-26     shall give notice to the Department of Public Safety for inclusion
4-27     in the person's driving record and to the community supervision and
 5-1     corrections department.  The community supervision and corrections
 5-2     department shall then forward the notice to the court clerk for
 5-3     filing.  If the Department of Public Safety does not receive notice
 5-4     that a defendant required to complete an educational program has
 5-5     successfully completed the program within the period required by
 5-6     this section, as shown on department records, the department shall
 5-7     revoke the defendant's driver's license, permit, or privilege or
 5-8     prohibit the person from obtaining a license or permit, as provided
 5-9     by Sections 521.344(e) and (f), Transportation Code.  The
5-10     Department of Public Safety may not reinstate a license suspended
5-11     under this subsection unless the person whose license was suspended
5-12     makes application to the department for reinstatement of the
5-13     person's license and pays to the department a reinstatement fee of
5-14     $100 [$50].  The Department of Public Safety shall remit all fees
5-15     collected under this subsection to the comptroller for deposit in
5-16     the general revenue fund.  This subsection does not apply to a
5-17     defendant if a jury recommends community supervision for the
5-18     defendant and also recommends that the defendant's driver's license
5-19     not be suspended.
5-20           SECTION 8.  (a)  This Act takes effect September 1, 2001.
5-21           (b)  The change in law made by this Act applies only to a
5-22     driver's license or privilege to operate a motor vehicle that is
5-23     suspended, revoked, canceled, or disqualified on or after September
5-24     1, 2001.
5-25           (c)  A driver's license or privilege to operate a motor
5-26     vehicle that is suspended, revoked, canceled, or disqualified
5-27     before September 1, 2001, is covered by the law in effect
 6-1     immediately before September 1, 2001, and the former law is
 6-2     continued in effect for that purpose.