80R6709 CAE-D
 
  By: Davis of Harris H.B. No. 2851
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain persons whose driver's
licenses are suspended or revoked on conviction of an offense for
driving while intoxicated complete a drug or alcohol dependence
evaluation and educational program.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 13(a), (h), (j), (k), and (l), Article
42.12, Code of Criminal Procedure, are amended to read as follows:
       (a)  A judge granting community supervision to a defendant
convicted of an offense under Chapter 49, Penal Code, shall require
as a condition of community supervision that the defendant submit
to:
             (1)  not less than 72 hours of continuous confinement
in county jail if the defendant was punished under Section
49.09(a); not less than five days of confinement in county jail if
the defendant was punished under Section 49.09(a) and was subject
to Section 49.09(h); not less than 10 days of confinement in county
jail if the defendant was punished under Section 49.09(b) or (c); or
not less than 30 days of confinement in county jail if the defendant
was convicted under Section 49.07; and
             (2)  an evaluation by a [supervision officer or by a
person,] program[,] or facility approved by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse] for
the purpose of having the facility prescribe and carry out a course
of conduct necessary for the rehabilitation of the defendant's drug
or alcohol dependence condition.
       (h)  If a person is convicted of an offense under Sections
49.04-49.08, Penal Code, and [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 date of conviction [the day community
supervision is granted] an educational program jointly approved by
the Department of State Health Services [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 Department of State Health
Services [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 Department of State Health Services [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 date of conviction [beginning date of the
person's community supervision, however, if the defendant by a
motion in writing shows good cause]. The judge may waive the
educational program if the defendant completes the program or has
successfully completed a substantially identical program within
six months of the date of conviction. [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 until the
defendant shows proof of having completed the approved educational
program and [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 $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.]
       (j)  The judge shall require a defendant who is punished
under Section 49.09, Penal Code, as a condition of community
supervision, to attend and successfully complete an educational
program for repeat offenders approved by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse]. The
Department of State Health Services [Texas Commission on Alcohol
and Drug Abuse] shall adopt rules and shall monitor, coordinate,
and provide training to persons providing the educational programs.
The Department of State Health Services [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 initial certification of
approval or for renewal of the certification. The judge may waive
the educational program [requirement only] if the defendant
completes the program or has successfully completed a substantially
identical program within six months of the date of conviction [by a
motion in writing shows good cause. In determining good cause, the
judge may consider the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and whether the defendant resides
out of state or does not have access to transportation. The judge
shall set out the finding of good cause in the judgment. If a
defendant is required, as a condition of community supervision, to
attend an educational program, 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 defendant's
driving record. The report must include the beginning date of the
defendant's community supervision]. On the defendant's successful
completion of the educational program for repeat offenders, the
defendant's instructor shall give notice to the Department of
Public Safety for inclusion in the defendant'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 for repeat offenders within the period required by the
judge, as shown on department records, the department shall revoke
the defendant's driver's license, permit, or privilege or prohibit
the defendant from obtaining a license or permit, as provided by
Sections 521.344(e) and (f), Transportation Code.
       (k)  If [Notwithstanding Sections 521.344(d)-(i),
Transportation Code, if] the judge, under Subsection (h) or (j) of
this section, [permits or] requires a defendant punished under
Section 49.09, Penal Code, to attend an educational program [as a
condition of community supervision, or waives the required
attendance for such a program,] and the defendant has previously
been required to attend such a program, [or the required attendance
at the program had been waived,] the judge nonetheless shall order
the suspension of the driver's license, permit, or operating
privilege of that person for a period determined by the judge
according to the following schedule:
             (1)  not less than 90 days or more than 365 days, if the
defendant is convicted under Sections 49.04-49.08, Penal Code;
             (2)  not less than 180 days or more than two years, if
the defendant is punished under Section 49.09(a) or (b), Penal
Code; or
             (3)  not less than one year or more than two years, if
the person is convicted of a second or subsequent offense under
Sections 49.04-49.08, Penal Code, committed within five years of
the date on which the most recent preceding offense was committed.
       (l)  If the Department of Public Safety receives notice that
a defendant has been required or permitted to attend a subsequent
educational program under Subsection (h), (j), or (k) of this
section, [although the previously required attendance had been
waived,] but the judge has not ordered a period of suspension, the
department shall suspend the defendant's driver's license, permit,
or operating privilege, or shall issue an order prohibiting the
defendant from obtaining a license or permit for a period of 365
days.
       SECTION 2.  Section 521.313, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsections (a-1)
and (b-1) to read as follows:
       (a)  A license suspended or revoked under this subchapter may
not be reinstated or another license issued to the person until the
person:
             (1)  pays the department a fee of $100 in addition to
any other fee required by law; and
             (2)  if the license was suspended or revoked on the
conviction of an offense under Section 49.04, 49.07, or 49.08,
Penal Code, presents evidence satisfactory to the department
showing that the person has completed:
                   (A)  an evaluation by a program or facility
approved by the Department of State Health Services for the purpose
of having the facility prescribe a course of conduct necessary for
the rehabilitation of a drug or alcohol dependence condition; and
                   (B)  an educational program designed to
rehabilitate persons who operated motor vehicles while
intoxicated.
       (a-1)  A person who has been evaluated as required by
Subsection (a) must also present evidence showing compliance with
any recommendations issued as a result of the evaluation before the
person's license may be reinstated or a new license issued.
       (b)  The payment of a reinstatement fee and completion of an
evaluation and an educational program are [is] not required if a
suspension or revocation under this subchapter is:
             (1)  rescinded by the department; or
             (2)  not sustained by a presiding officer or a court.
       (b-1)  Completion of the evaluation and educational program
required by Subsection (a) is not required if the person has
completed an evaluation and educational program under Section
524.051 or 724.046.
       SECTION 3.  Section 524.051, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
       (a)  A driver's license suspended under this chapter may not
be reinstated or another driver's license issued to the person
until the person:
             (1)  pays the department a fee of $125 in addition to
any other fee required by law; and
             (2)  presents evidence satisfactory to the department
showing that the person has completed:
                   (A)  an evaluation by a program or facility
approved by the Department of State Health Services for the purpose
of having the facility prescribe a course of conduct necessary for
the rehabilitation of a drug or alcohol dependence condition; and
                   (B)  an educational program designed to
rehabilitate persons who operated motor vehicles while
intoxicated.
       (a-1)  A person who has been evaluated as required by
Subsection (a) must also present evidence showing compliance with
any recommendations issued as a result of the evaluation before the
person's license may be reinstated or a new license issued.
       SECTION 4.  Section 724.046, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (a-1) and (a-2)
to read as follows:
       (a)  A license suspended under this chapter may not be
reinstated or a new license issued until the person whose license
has been suspended:
             (1)  pays to the department a fee of $125 in addition to
any other fee required by law; and
             (2)  presents evidence satisfactory to the department
showing that the person has completed:
                   (A)  an evaluation by a program or facility
approved by the Department of State Health Services for the purpose
of having the facility prescribe a course of conduct necessary for
the rehabilitation of a drug or alcohol dependence condition; and
                   (B)  an educational program designed to
rehabilitate persons who operated motor vehicles while
intoxicated[. A person subject to a denial order issued under this
chapter may not obtain a license after the period of denial has
ended until the person pays to the department a fee of $125 in
addition to any other fee required by law].
       (a-1)  A person subject to a denial order issued under this
chapter may not obtain a license after the period of denial has
ended until the person pays to the department a fee of $125 in
addition to any other fee required by law.
       (a-2)  A person who has been evaluated as required by
Subsection (a) must also present evidence showing compliance with
any recommendations issued as a result of the evaluation before the
person's license may be reinstated or a new license issued.
       SECTION 5.  The change in law made by this Act applies only
to the suspension of the driver's license of a person convicted of
an offense that is committed on or after September 1, 2007. The
suspension of the driver's license of a person convicted of an
offense that was committed before September 1, 2007, is governed by
the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose.
       SECTION 6.  This Act takes effect September 1, 2007.