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A BILL TO BE ENTITLED
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AN ACT
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relating to persons placed on community supervision and drivers |
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license revocation requiring electronic monitoring of driving |
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activity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.251, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.251. EFFECTIVE DATE OF OCCUPATIONAL LICENSE. (a) |
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If a person's license is suspended under Chapter 524 or 724 and the |
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person has not had a prior suspension arising from an |
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alcohol-related or drug-related offense enforcement contact in the |
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five years preceding the date of the person's arrest, an order under |
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this subchapter granting the person an occupational license takes |
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effect immediately. However, the court shall order the person to |
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comply with the counseling and rehabilitative program required |
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under Section 521.245. The court may require that the person submit |
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to Section 13. (o), Article 42.12, Code of Criminal Procedure. |
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(b) If the person's driver's license has been suspended as a |
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result of an alcohol-related or drug-related enforcement contact |
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during the five years preceding the date of the person's arrest, the |
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order may not take effect before the 91st day after the effective |
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date of the suspension., unless the person submits to Section 13. |
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(o), Article 42.12, Code of Criminal Procedures. |
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(c) If the person's driver's license has been suspended as a |
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result of a conviction under Section 49.04, 49.07, or 49.08, Penal |
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Code, during the five years preceding the date of the person's |
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effective date., unless the person submits to Section 13. (o), |
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Article 42.12, Code of Criminal Procedures. |
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(d) Notwithstanding any other provision in this section, if |
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the person's driver's license has been suspended as a result of a |
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second or subsequent conviction under Section 49.04, 49.07, or |
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49.08, Penal Code, committed within five years of the date on which |
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the most recent preceding offense was committed, an order granting |
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the person an occupational license may not take effect before the |
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first anniversary of the effective date of the suspension., unless |
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the person submits to Section 13. (o), Article 42.12, Code of |
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Criminal Procedure. |
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(e) For the purposes of this section, "alcohol-related or |
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drug-related enforcement contact" has the meaning assigned by |
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Section 524.001. |
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SECTION 2. Article 42.12, Code of Criminal Procedures, is |
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amended to read as follows: |
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Section 13. (o) If a person convicted of an offense under |
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Sections 49.04 Penal Code, is placed on community supervision, the |
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court shall require as a condition of community supervision, the |
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defendant to wear an electronic monitoring device capable of |
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providing to the court or its community supervision and corrections |
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department designees data regarding the driving activity of the |
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defendant; and |
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(1) order the device to be worn by the defendant for a period |
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of not less than 50 percent of the supervision period; and |
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(2) require that the defendant pay for all or part of the |
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cost of such device based on the defendant's ability to pay. If the |
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court determines the offender is unable to pay for the device, the |
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court may impose a reasonable payment schedule not to exceed twice |
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the period of the court's order. |
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SECTION 3. This Act takes effect September 1, 2007. |