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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a distinctive symbol or marking on the |
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driver's license issued to a person convicted a second or |
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subsequent time of certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 521, Transportation Code, |
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is amended by adding Section 521.127 to read as follows: |
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Sec. 521.127. DRIVER'S LICENSE FOR PERSONS CONVICTED OF |
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CERTAIN INTOXICATED DRIVING OFFENSES. (a) Notwithstanding Section |
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521.347, a court in which a person is convicted of a second or |
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subsequent offense relating to the operating of a motor vehicle |
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while intoxicated, as defined by Section 49.09, Penal Code, shall |
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require the person to surrender to the court the person's driver's |
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license, if: |
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(1) the driver's license is suspended as a result of |
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the conviction; or |
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(2) the court places the person on community |
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supervision under Section 13, Article 42.12, Code of Criminal |
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Procedure, and: |
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(A) the jury recommends under Subsection (g) of |
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that section that the person's license not be suspended; or |
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(B) the court requires as a condition of |
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community supervision that the person not operate a motor vehicle |
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unless the vehicle is equipped with a device described by |
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Subsection (i) of that section. |
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(b) A court that requires a person to surrender the person's |
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driver's license under Subsection (a) shall send to the department: |
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(1) a record of the person's conviction; and |
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(2) an indication that the driver's license issued to |
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the person is subject to the requirements of this section. |
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(c) A person who is required to surrender the person's |
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driver's license to the court under Subsection (a) may apply to the |
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department for: |
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(1) the issuance of a new or duplicate license, unless |
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the person's license is suspended; or |
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(2) a reinstatement of the license on the expiration |
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of the suspension period. |
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(d) If the person applies for the issuance of a new or |
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duplicate driver's license or for the reinstatement of a license |
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under Subsection (c) before the fifth anniversary of the date of the |
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person's most recent conviction of an offense relating to the |
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operating of a motor vehicle while intoxicated and the person pays |
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all applicable fees, the department shall issue the person a |
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driver's license that includes a distinctive symbol or marking on |
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the face of the license that identifies the license holder as a |
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person who has been convicted of a second or subsequent offense |
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relating to the operating of a motor vehicle while intoxicated. The |
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department by rule shall specify the symbol or marking required by |
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this subsection. |
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(e) The distinctive symbol or marking required by |
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Subsection (d) is in addition to any other information on the |
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person's driver's license required by this chapter or the |
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department. |
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(f) On or after the fifth anniversary of the date of the |
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person's most recent conviction of an offense relating to the |
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operating of a motor vehicle while intoxicated, a person issued a |
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driver's license under Subsection (d) may apply to the department |
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for a license that does not include the distinctive symbol or |
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marking. |
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SECTION 2. Section 521.127, Transportation Code, as added |
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by this Act, applies only to a person who is convicted of an offense |
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on or after the effective date of this Act. A person who was |
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convicted of an offense before the effective date of this Act is |
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governed by the law in effect when the person was convicted, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect January 1, 2008. |