Amend SB 11 on third reading by adding the following
appropriately numbered ARTICLE to the bill and renumbering
subsequent ARTICLES accordingly:
ARTICLE ____. SUSPENSION, REVOCATION, OR CANCELLATION OF DRIVER'S
LICENSES AND RELATED DOCUMENTS
SECTION ____.01. Subsection (a), Section 521.292,
Transportation Code, is amended to read as follows:
(a) The department shall suspend the person's license if the
department determines that the person:
(1) has operated a motor vehicle on a highway while the
person's license was suspended, canceled, disqualified, or
revoked, or without a license after an application for a license was
denied;
(2) is a habitually reckless or negligent operator of
a motor vehicle;
(3) is a habitual violator of the traffic laws;
(4) has permitted the unlawful or fraudulent use of
the person's license;
(5) has committed an offense in another state or
Canadian province that, if committed in this state, would be
grounds for suspension;
(6) has been convicted of two or more separate
offenses of a violation of a restriction imposed on the use of the
license;
(7) has been responsible as a driver for any accident
resulting in serious personal injury or serious property damage;
(8) is the holder of a provisional license issued
under Section 521.123 or an instruction permit under Section
521.222 and has been convicted of two or more moving violations
committed within a 12-month period; or
(9) has committed an offense under Section 545.421.
SECTION ____.02. Section 521.294, Transportation Code, is
amended to read as follows:
Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
REVOCATION. The department shall revoke the person's license if
the department determines that the person:
(1) is incapable of safely operating a motor vehicle;
(2) has not complied with the terms of a citation
issued by a jurisdiction that is a party to the Nonresident Violator
Compact of 1977 for a traffic violation to which that compact
applies;
(3) has failed to provide medical records or has
failed to undergo medical or other examinations as required by a
panel of the medical advisory board;
(4) has failed to pass an examination or to provide any
information relating to the person's ability to safely operate a
motor vehicle as required by the director under this chapter;
(5) has been reported by a court under Section
521.3452 for failure to appear unless the court files an additional
report on final disposition of the case;
(6) has been reported within the preceding two years
by a justice or municipal court for failure to appear or for a
default in payment of a fine for a misdemeanor punishable only by
fine, other than a failure reported under Section 521.3452,
committed by a person who is at least 14 years of age but younger
than 17 years of age when the offense was committed, unless the
court files an additional report on final disposition of the case;
or
(7) has committed an offense in another state or
Canadian province that, if committed in this state, would be
grounds for revocation.
SECTION ____.03. Subsection (a), Section 521.295,
Transportation Code, is amended to read as follows:
(a) On a determination that the person meets the criteria
for [If] the department to initiate enforcement action [suspends a
person's license] under Section 521.292 or [revokes a person's
license under Section] 521.294, the department shall send a notice
of suspension or revocation [by first class mail] to the person's
address in the records of the department.
SECTION ____.04. Section 521.314, Transportation Code, is
amended to read as follows:
Sec. 521.314. CANCELLATION AUTHORITY. The department may
cancel a license or certificate if it determines that the holder:
(1) was not entitled to the license or certificate;
[or]
(2) failed to give required information in the
application for the license or certificate;
(3) failed to update personal information on the
license or certificate;
(4) failed to remit payment of a driver's license fee
imposed under this chapter or Chapter 522; or
(5) issued a check or draft drawn on a bank or trust
company in payment of a driver's license fee imposed under this
chapter or Chapter 522 that is returned unpaid because of
insufficient funds or no funds in the bank or trust company to the
credit of the drawer of the check or draft.
SECTION ____.05. Section 521.341, Transportation Code, is
amended to read as follows:
Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE
SUSPENSION. Except as provided by Sections 521.344(d)-(i), a
license is automatically suspended on final conviction of the
license holder of:
(1) an offense under Section 19.05, Penal Code,
committed as a result of the holder's criminally negligent
operation of a motor vehicle;
(2) an offense under Section 38.04, Penal Code, if the
holder used a motor vehicle in the commission of the offense;
(3) an offense under Section 49.04, 49.045, or 49.08,
Penal Code;
(4) an offense under Section 49.07, Penal Code, if the
holder used a motor vehicle in the commission of the offense;
(5) an offense punishable as a felony under the motor
vehicle laws of this state;
(6) an offense under Section 550.021; or
(7) an offense under Section 521.451 or 521.453.
SECTION ____.06. Subsections (a) and (b), Section 521.342,
Transportation Code, are amended to read as follows:
(a) Except as provided by Section 521.344, the license of a
person who was under 21 years of age at the time of the offense,
other than an offense classified as a misdemeanor punishable by
fine only, is automatically suspended on conviction of:
(1) an offense under Section 49.04, 49.045, or 49.07,
Penal Code, committed as a result of the introduction of alcohol
into the body;
(2) an offense under the Alcoholic Beverage Code,
other than an offense to which Section 106.071 of that code applies,
involving the manufacture, delivery, possession, transportation,
or use of an alcoholic beverage;
(3) a misdemeanor offense under Chapter 481, Health
and Safety Code, for which Subchapter P does not require the
automatic suspension of the license;
(4) an offense under Chapter 483, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of a dangerous drug; or
(5) an offense under Chapter 485, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of an abusable volatile chemical.
(b) The department shall suspend for one year the license of
a person who is under 21 years of age and is convicted of an offense
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
regardless of whether the person is required to attend an
educational program under Section 13(h), Article 42.12, Code of
Criminal Procedure, that is designed to rehabilitate persons who
have operated motor vehicles while intoxicated, unless the person
is placed under community supervision under that article and is
required as a condition of the community supervision to not operate
a motor vehicle unless the vehicle is equipped with the device
described by Section 13(i) of that article. If the person is
required to attend such a program and does not complete the program
before the end of the person's suspension, the department shall
suspend the person's license or continue the suspension, as
appropriate, until the department receives proof that the person
has successfully completed the program. On the person's successful
completion of the program, the person's instructor shall give
notice to the department and to the community supervision and
corrections department in the manner provided by Section 13(h),
Article 42.12, Code of Criminal Procedure.
SECTION ____.07. Subsections (a), (c), (g), and (i),
Section 521.344, Transportation Code, are amended to read as
follows:
(a) Except as provided by Sections 521.342(b) and 521.345,
and by Subsections (d)-(i), if a person is convicted of an offense
under Section 49.04, 49.045, or 49.07, Penal Code, the license
suspension:
(1) begins on a date set by the court that is not
earlier than the date of the conviction or later than the 30th day
after the date of the conviction, as determined by the court; and
(2) continues for a period set by the court according
to the following schedule:
(A) not less than 90 days or more than one year,
if the person is punished under Section 49.04, 49.045, or 49.07,
Penal Code, except that if the person's license is suspended for a
second or subsequent offense under Section 49.07 committed within
five years of the date on which the most recent preceding offense
was committed, the suspension continues for a period of one year;
(B) not less than 180 days or more than two years,
if the person is punished under Section 49.09(a) or (b), Penal Code;
or
(C) not less than one year or more than two years,
if the person is punished under Section 49.09(a) or (b), Penal Code,
and is subject to Section 49.09(h) of that code.
(c) The court shall credit toward the period of suspension a
suspension imposed on the person for refusal to give a specimen
under Chapter 724 if the refusal followed an arrest for the same
offense for which the court is suspending the person's license
under this chapter. The court may not extend the credit to a
person:
(1) who has been previously convicted of an offense
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or
(2) whose period of suspension is governed by Section
521.342(b).
(g) A revocation, suspension, or prohibition order under
Subsection (e) or (f) remains in effect until the department
receives notice of successful completion of the educational
program. The director shall promptly send notice of a revocation or
prohibition order issued under Subsection (e) or (f) by first class
mail to the person at the person's most recent address as shown in
the records of the department. The notice must include the date of
the revocation or prohibition order, the reason for the revocation
or prohibition, and a statement that the person has the right to
request in writing that a hearing be held on the revocation or
prohibition. Notice is considered received on the fifth day after
the date the notice is mailed. A revocation or prohibition under
Subsection (e) or (f) takes effect on the 40th [30th] day after the
date the person is considered to have received notice of revocation
or prohibition under Section 521.295 [notice is mailed]. The
person may request a hearing not later than the 20th day after the
date the notice is mailed. If the department receives a request
under this subsection, the department shall set the hearing for the
earliest practical time and the revocation or prohibition does not
take effect until resolution of the hearing.
(i) On the date that a suspension order under Section
521.343(c) is to expire, the period of suspension or the
corresponding period in which the department is prohibited from
issuing a license is automatically increased to two years unless
the department receives notice of successful completion of the
educational program as required by Section 13, Article 42.12, Code
of Criminal Procedure. At the time a person is convicted of an
offense under Section 49.04 or 49.045, Penal Code, the court shall
warn the person of the effect of this subsection. On the person's
successful completion of the program, the person's instructor shall
give notice to the department and to the community supervision and
corrections department in the manner required by Section 13,
Article 42.12, Code of Criminal Procedure. If the department
receives proof of completion after a period has been extended under
this subsection, the department shall immediately end the
suspension or prohibition.
SECTION ____.08. Subsections (h) and (n), Section 13,
Article 42.12, Code of Criminal Procedure, are amended to read as
follows:
(h) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
judge shall require, as a condition of the community supervision,
that the defendant attend and successfully complete before the
181st day after the day community supervision is granted an
educational program jointly approved by the Texas Commission on
Alcohol and Drug Abuse, the Department of Public Safety, the
Traffic Safety Section of the Texas Department of Transportation,
and the community justice assistance division of the Texas
Department of Criminal Justice designed to rehabilitate persons who
have driven while intoxicated. The Texas Commission on Alcohol and
Drug Abuse shall publish the jointly approved rules and shall
monitor, coordinate, and provide training to persons providing the
educational programs. The Texas Commission on Alcohol and Drug
Abuse is responsible for the administration of the certification of
approved educational programs and may charge a nonrefundable
application fee for the initial certification of approval and for
renewal of a certificate. The judge may waive the educational
program requirement or may grant an extension of time to
successfully complete the program that expires not later than one
year after the beginning date of the person's community
supervision, however, if the defendant by a motion in writing shows
good cause. In determining good cause, the judge may consider but
is not limited to: the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and the fact that the defendant
resides out of state, has no valid driver's license, or does not
have access to transportation. The judge shall set out the finding
of good cause for waiver in the judgment. If a defendant is
required, as a condition of community supervision, to attend an
educational program or if the court waives the educational program
requirement, the court clerk shall immediately report that fact to
the Department of Public Safety, on a form prescribed by the
department, for inclusion in the person's driving record. If the
court grants an extension of time in which the person may complete
the program, the court clerk shall immediately report that fact to
the Department of Public Safety on a form prescribed by the
department. The report must include the beginning date of the
person's community supervision. Upon the person's successful
completion of the educational program, the person's instructor
shall give notice to the Department of Public Safety for inclusion
in the person's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall then forward the notice to the court clerk for
filing. If the Department of Public Safety does not receive notice
that a defendant required to complete an educational program has
successfully completed the program within the period required by
this section, as shown on department records, the department shall
revoke the defendant's driver's license, permit, or privilege or
prohibit the person from obtaining a license or permit, as provided
by Sections 521.344(e) and (f), Transportation Code. The
Department of Public Safety may not reinstate a license suspended
under this subsection unless the person whose license was suspended
makes application to the department for reinstatement of the
person's license and pays to the department a reinstatement fee of
$100 [$50]. The Department of Public Safety shall remit all fees
collected under this subsection to the comptroller for deposit in
the general revenue fund. This subsection does not apply to a
defendant if a jury recommends community supervision for the
defendant and also recommends that the defendant's driver's license
not be suspended.
(n) Notwithstanding any other provision of this section or
other law, the judge who places on community supervision a
defendant who was [is] younger than 21 years of age at the time of
the offense and convicted for an offense under Sections
49.04-49.08, Penal Code, shall:
(1) order that the defendant's driver's license be
suspended for 90 days beginning on the date that the person is
placed on community supervision; and
(2) require as a condition of community supervision
that the defendant not operate a motor vehicle unless the vehicle is
equipped with the device described by Subsection (i) of this
section.
SECTION ____.09. (a) Subchapter A, Chapter 411, Government
Code, is amended by adding Section 411.0206 to read as follows:
Sec. 411.0206. ABATEMENT OR DEFERRAL FOR VICTIMS OF
IDENTITY THEFT. (a) In this section:
(1) "License" means a license, certificate, permit, or
other authorization issued by the department.
(2) "Victim of identity theft" means an individual who
has filed a criminal complaint alleging the commission of an
offense under Section 32.51, Penal Code, other than a person who is
convicted of an offense under Section 37.08, Penal Code, with
respect to that complaint.
(b) The department may abate or defer a mandatory suspension
or revocation of a license if the license holder presents evidence
acceptable to the department that:
(1) the license holder is the victim of identity
theft; and
(2) the person against whom a criminal complaint
alleging the commission of an offense under Section 32.51, Penal
Code, has been filed, and not the license holder, engaged in the act
or omission that mandates the suspension or revocation.
(b) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2007.
SECTION ____.10. (a) The changes in law made by this
article to Sections 521.292, 521.294, 521.295, and 521.314,
Transportation Code, apply only to a determination to suspend,
revoke, or cancel a license or certificate made by the Department of
Public Safety of the State of Texas on or after the effective date
of this Act.
(b) The changes in law made by this article to Sections
521.341, 521.342, and 521.344, Transportation Code, and Section 13,
Article 42.12, Code of Criminal Procedure, apply only to an offense
committed on or after the effective date of this Act. For purposes
of this subsection, an offense is committed before the effective
date of this Act if any element of the offense occurs before the
effective date.