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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain persons whose driver's |
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licenses are suspended or revoked on conviction of an offense for |
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driving while intoxicated complete a drug or alcohol dependence |
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evaluation and educational program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 13(a), (h), (j), (k), and (l), Article |
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42.12, Code of Criminal Procedure, are amended to read as follows: |
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(a) A judge granting community supervision to a defendant |
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convicted of an offense under Chapter 49, Penal Code, shall require |
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as a condition of community supervision that the defendant submit |
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to: |
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(1) not less than 72 hours of continuous confinement |
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in county jail if the defendant was punished under Section |
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49.09(a); not less than five days of confinement in county jail if |
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the defendant was punished under Section 49.09(a) and was subject |
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to Section 49.09(h); not less than 10 days of confinement in county |
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jail if the defendant was punished under Section 49.09(b) or (c); or |
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not less than 30 days of confinement in county jail if the defendant |
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was convicted under Section 49.07; and |
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(2) an evaluation by a [supervision officer or by a
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person,] program[,] or facility approved by the Department of State |
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Health Services [Texas Commission on Alcohol and Drug Abuse] for |
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the purpose of having the facility prescribe and carry out a course |
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of conduct necessary for the rehabilitation of the defendant's drug |
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or alcohol dependence condition. |
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(h) If a person is convicted of an offense under Sections |
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49.04-49.08, Penal Code, and [is] placed on community supervision, |
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the judge shall require[, as a condition of the community
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supervision,] that the defendant attend and successfully complete |
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before the 181st day after the date of conviction [the day community
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supervision is granted] an educational program jointly approved by |
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the Department of State Health Services [Texas Commission on
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Alcohol and Drug Abuse], the Department of Public Safety, the |
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Traffic Safety Section of the Texas Department of Transportation, |
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and the community justice assistance division of the Texas |
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Department of Criminal Justice designed to rehabilitate persons who |
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have driven while intoxicated. The Department of State Health |
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Services [Texas Commission on Alcohol and Drug Abuse] shall publish |
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the jointly approved rules and shall monitor, coordinate, and |
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provide training to persons providing the educational programs. |
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The Department of State Health Services [Texas Commission on
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Alcohol and Drug Abuse] is responsible for the administration of |
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the certification of approved educational programs and may charge a |
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nonrefundable application fee for the initial certification of |
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approval and for renewal of a certificate. The judge may [waive the
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educational program requirement or may] grant an extension of time |
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to successfully complete the program that expires not later than |
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one year after the date of conviction [beginning date of the
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person's community supervision, however, if the defendant by a
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motion in writing shows good cause]. The judge may waive the |
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educational program if the defendant completes the program or has |
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successfully completed a substantially identical program within |
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six months of the date of conviction. [In determining good cause,
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the judge may consider but is not limited to: the defendant's
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school and work schedule, the defendant's health, the distance that
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the defendant must travel to attend an educational program, and the
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fact that the defendant resides out of state, has no valid driver's
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license, or does not have access to transportation. The judge shall
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set out the finding of good cause for waiver in the judgment. If a
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defendant is required, as a condition of community supervision, to
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attend an educational program or if the court waives the
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educational program requirement, the court clerk shall immediately
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report that fact to the Department of Public Safety, on a form
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prescribed by the department, for inclusion in the person's driving
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record. If the court grants an extension of time in which the
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person may complete the program, the court clerk shall immediately
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report that fact to the Department of Public Safety on a form
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prescribed by the department. The report must include the
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beginning date of the person's community supervision.] Upon the |
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person's successful completion of the educational program, the |
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person's instructor shall give notice to the Department of Public |
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Safety for inclusion in the person's driving record and to the |
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community supervision and corrections department. The community |
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supervision and corrections department shall then forward the |
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notice to the court clerk for filing. If the Department of Public |
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Safety does not receive notice that a defendant required to |
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complete an educational program has successfully completed the |
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program within the period required by this section, as shown on |
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department records, the department shall revoke the defendant's |
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driver's license, permit, or privilege or prohibit the person from |
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obtaining a license or permit, as provided by Sections 521.344(e) |
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and (f), Transportation Code. The Department of Public Safety may |
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not reinstate a license suspended under this subsection until the |
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defendant shows proof of having completed the approved educational |
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program and [unless] the person whose license was suspended makes |
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application to the department for reinstatement of the person's |
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license and pays to the department a reinstatement fee of $50. The |
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Department of Public Safety shall remit all fees collected under |
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this subsection to the comptroller for deposit in the general |
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revenue fund. [This subsection does not apply to a defendant if a
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jury recommends community supervision for the defendant and also
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recommends that the defendant's driver's license not be suspended.] |
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(j) The judge shall require a defendant who is punished |
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under Section 49.09, Penal Code, as a condition of community |
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supervision, to attend and successfully complete an educational |
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program for repeat offenders approved by the Department of State |
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Health Services [Texas Commission on Alcohol and Drug Abuse]. The |
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Department of State Health Services [Texas Commission on Alcohol
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and Drug Abuse] shall adopt rules and shall monitor, coordinate, |
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and provide training to persons providing the educational programs. |
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The Department of State Health Services [Texas Commission on
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Alcohol and Drug Abuse] is responsible for the administration of |
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the certification of approved educational programs and may charge a |
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nonrefundable application fee for initial certification of |
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approval or for renewal of the certification. The judge may waive |
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the educational program [requirement only] if the defendant |
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completes the program or has successfully completed a substantially |
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identical program within six months of the date of conviction [by a
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motion in writing shows good cause. In determining good cause, the
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judge may consider the defendant's school and work schedule, the
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defendant's health, the distance that the defendant must travel to
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attend an educational program, and whether the defendant resides
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out of state or does not have access to transportation. The judge
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shall set out the finding of good cause in the judgment. If a
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defendant is required, as a condition of community supervision, to
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attend an educational program, the court clerk shall immediately
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report that fact to the Department of Public Safety, on a form
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prescribed by the department, for inclusion in the defendant's
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driving record. The report must include the beginning date of the
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defendant's community supervision]. On the defendant's successful |
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completion of the educational program for repeat offenders, the |
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defendant's instructor shall give notice to the Department of |
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Public Safety for inclusion in the defendant's driving record and |
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to the community supervision and corrections department. The |
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community supervision and corrections department shall then |
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forward the notice to the court clerk for filing. If the Department |
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of Public Safety does not receive notice that a defendant required |
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to complete an educational program has successfully completed the |
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program for repeat offenders within the period required by the |
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judge, as shown on department records, the department shall revoke |
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the defendant's driver's license, permit, or privilege or prohibit |
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the defendant from obtaining a license or permit, as provided by |
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Sections 521.344(e) and (f), Transportation Code. |
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(k) If [Notwithstanding Sections 521.344(d)-(i),
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Transportation Code, if] the judge, under Subsection (h) or (j) of |
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this section, [permits or] requires a defendant punished under |
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Section 49.09, Penal Code, to attend an educational program [as a
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condition of community supervision, or waives the required
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attendance for such a program,] and the defendant has previously |
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been required to attend such a program, [or the required attendance
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at the program had been waived,] the judge nonetheless shall order |
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the suspension of the driver's license, permit, or operating |
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privilege of that person for a period determined by the judge |
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according to the following schedule: |
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(1) not less than 90 days or more than 365 days, if the |
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defendant is convicted under Sections 49.04-49.08, Penal Code; |
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(2) not less than 180 days or more than two years, if |
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the defendant is punished under Section 49.09(a) or (b), Penal |
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Code; or |
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(3) not less than one year or more than two years, if |
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the person is convicted of a second or subsequent offense under |
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Sections 49.04-49.08, Penal Code, committed within five years of |
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the date on which the most recent preceding offense was committed. |
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(l) If the Department of Public Safety receives notice that |
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a defendant has been required or permitted to attend a subsequent |
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educational program under Subsection (h), (j), or (k) of this |
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section, [although the previously required attendance had been
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waived,] but the judge has not ordered a period of suspension, the |
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department shall suspend the defendant's driver's license, permit, |
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or operating privilege, or shall issue an order prohibiting the |
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defendant from obtaining a license or permit for a period of 365 |
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days. |
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SECTION 2. Section 521.313, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsections (a-1) |
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and (b-1) to read as follows: |
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(a) A license suspended or revoked under this subchapter may |
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not be reinstated or another license issued to the person until the |
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person: |
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(1) pays the department a fee of $100 in addition to |
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any other fee required by law; and |
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(2) if the license was suspended or revoked on the |
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conviction of an offense under Section 49.04, 49.07, or 49.08, |
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Penal Code, presents evidence satisfactory to the department |
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showing that the person has completed: |
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(A) an evaluation by a program or facility |
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approved by the Department of State Health Services for the purpose |
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of having the facility prescribe a course of conduct necessary for |
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the rehabilitation of a drug or alcohol dependence condition; and |
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(B) an educational program designed to |
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rehabilitate persons who operated motor vehicles while |
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intoxicated. |
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(a-1) A person who has been evaluated as required by |
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Subsection (a) must also present evidence showing compliance with |
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any recommendations issued as a result of the evaluation before the |
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person's license may be reinstated or a new license issued. |
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(b) The payment of a reinstatement fee and completion of an |
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evaluation and an educational program are [is] not required if a |
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suspension or revocation under this subchapter is: |
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(1) rescinded by the department; or |
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(2) not sustained by a presiding officer or a court. |
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(b-1) Completion of the evaluation and educational program |
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required by Subsection (a) is not required if the person has |
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completed an evaluation and educational program under Section |
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524.051 or 724.046. |
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SECTION 3. Section 524.051, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A driver's license suspended under this chapter may not |
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be reinstated or another driver's license issued to the person |
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until the person: |
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(1) pays the department a fee of $125 in addition to |
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any other fee required by law; and |
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(2) presents evidence satisfactory to the department |
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showing that the person has completed: |
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(A) an evaluation by a program or facility |
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approved by the Department of State Health Services for the purpose |
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of having the facility prescribe a course of conduct necessary for |
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the rehabilitation of a drug or alcohol dependence condition; and |
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(B) an educational program designed to |
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rehabilitate persons who operated motor vehicles while |
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intoxicated. |
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(a-1) A person who has been evaluated as required by |
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Subsection (a) must also present evidence showing compliance with |
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any recommendations issued as a result of the evaluation before the |
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person's license may be reinstated or a new license issued. |
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SECTION 4. Section 724.046, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsections (a-1) and (a-2) |
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to read as follows: |
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(a) A license suspended under this chapter may not be |
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reinstated or a new license issued until the person whose license |
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has been suspended: |
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(1) pays to the department a fee of $125 in addition to |
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any other fee required by law; and |
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(2) presents evidence satisfactory to the department |
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showing that the person has completed: |
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(A) an evaluation by a program or facility |
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approved by the Department of State Health Services for the purpose |
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of having the facility prescribe a course of conduct necessary for |
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the rehabilitation of a drug or alcohol dependence condition; and |
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(B) an educational program designed to |
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rehabilitate persons who operated motor vehicles while |
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intoxicated[. A person subject to a denial order issued under this
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chapter may not obtain a license after the period of denial has
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ended until the person pays to the department a fee of $125 in
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addition to any other fee required by law]. |
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(a-1) A person subject to a denial order issued under this |
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chapter may not obtain a license after the period of denial has |
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ended until the person pays to the department a fee of $125 in |
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addition to any other fee required by law. |
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(a-2) A person who has been evaluated as required by |
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Subsection (a) must also present evidence showing compliance with |
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any recommendations issued as a result of the evaluation before the |
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person's license may be reinstated or a new license issued. |
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SECTION 5. The change in law made by this Act applies only |
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to the suspension of the driver's license of a person convicted of |
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an offense that is committed on or after September 1, 2007. The |
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suspension of the driver's license of a person convicted of an |
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offense that was committed before September 1, 2007, is governed by |
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the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |