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1-15 (1) rescinded by the department; or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.