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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil and criminal consequences of driving while |
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intoxicated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 521.245(a) and (e), Transportation |
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Code, are amended to read as follows: |
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(a) If the petitioner's license has been suspended under |
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Chapter [524 or] 724, the court shall require the petitioner to |
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attend a program approved by the court that is designed to provide |
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counseling and rehabilitation services to persons for alcohol |
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dependence. This requirement shall be stated in the order granting |
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the occupational license. |
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(e) On receipt of the copy under Subsection (d), the |
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department shall suspend the person's occupational license for[:
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[(1) 60 days, if the original driver's license
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suspension was under Chapter 524; or
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[(2)] 120 days[, if the original driver's license
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suspension was under Chapter 724]. |
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SECTION 2. Sections 521.251(a) and (e), Transportation |
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Code, are amended to read as follows: |
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(a) If a person's license is suspended under Chapter [524
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or] 724 and the person has not had a prior suspension arising from |
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an alcohol-related or drug-related enforcement contact in the five |
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years preceding the date of the person's arrest, an order under this |
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subchapter granting the person an occupational license takes effect |
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immediately. However, the court shall order the person to comply |
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with the counseling and rehabilitation program required under |
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Section 521.245. |
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(e) For the purposes of this section, "alcohol-related or |
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drug-related enforcement contact" means a driver's license |
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suspension, disqualification, or prohibition order under the laws |
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of this state or another state resulting from: |
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(1) a conviction of an offense prohibiting the |
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operation of a motor vehicle while: |
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(A) intoxicated; |
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(B) under the influence of alcohol; or |
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(C) under the influence of a controlled substance |
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or dangerous drug; |
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(2) a refusal to submit to the taking of a breath or |
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blood specimen following an arrest for an offense prohibiting the |
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operation of a motor vehicle while: |
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(A) intoxicated; |
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(B) under the influence of alcohol; or |
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(C) under the influence of a controlled substance |
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or dangerous drug; or |
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(3) an analysis of a blood, breath, or urine specimen |
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showing an alcohol concentration of a level specified by Section |
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49.01, Penal Code, following an arrest for an offense prohibiting |
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the operation of a motor vehicle while intoxicated [has the meaning
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assigned by Section 524.001]. |
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SECTION 3. Sections 522.081(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) This subsection applies to a violation committed while |
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operating any motor vehicle, including a commercial motor vehicle, |
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except as provided by this subsection. A person who holds a |
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commercial driver's license is disqualified from driving a |
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commercial motor vehicle for one year: |
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(1) if convicted of three violations of a law that |
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regulates the operation of a motor vehicle at a railroad grade |
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crossing that occur within a three-year period; |
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(2) on first conviction of: |
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(A) driving a motor vehicle under the influence |
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of alcohol or a controlled substance, including a violation of |
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Section 49.04, 49.045, or 49.07, Penal Code; |
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(B) leaving the scene of an accident involving a |
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motor vehicle driven by the person; |
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(C) using a motor vehicle in the commission of a |
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felony, other than a felony described by Subsection (d)(2); |
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(D) causing the death of another person through |
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the negligent or criminal operation of a motor vehicle; or |
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(E) driving a commercial motor vehicle while the |
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person's commercial driver's license is revoked, suspended, or |
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canceled, or while the person is disqualified from driving a |
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commercial motor vehicle, for an action or conduct that occurred |
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while operating a commercial motor vehicle; |
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(3) for refusing to submit to a test under Chapter 724 |
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to determine the person's alcohol concentration or the presence in |
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the person's body of a controlled substance or drug while operating |
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a motor vehicle in a public place; or |
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(4) if an analysis of the person's blood, breath, or |
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urine under Chapter 522[, 524,] or 724 determines that the person: |
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(A) had an alcohol concentration of 0.04 or more, |
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or that a controlled substance or drug was present in the person's |
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body, while operating a commercial motor vehicle in a public place; |
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or |
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(B) had an alcohol concentration of 0.08 or more |
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while operating a motor vehicle, other than a commercial motor |
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vehicle, in a public place. |
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(c) A person who holds a commercial driver's license is |
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disqualified from operating a commercial motor vehicle for three |
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years if: |
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(1) the person: |
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(A) is convicted of an offense listed in |
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Subsection (b)(2) and the vehicle being operated by the person was |
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transporting a hazardous material required to be placarded; or |
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(B) refuses to submit to a test under Chapter 724 |
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to determine the person's alcohol concentration or the presence in |
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the person's body of a controlled substance or drug while operating |
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a motor vehicle in a public place and the vehicle being operated by |
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the person was transporting a hazardous material required to be |
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placarded; or |
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(2) an analysis of the person's blood, breath, or urine |
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under Chapter 522[, 524,] or 724 determines that while transporting |
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a hazardous material required to be placarded the person: |
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(A) while operating a commercial motor vehicle in |
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a public place had an alcohol concentration of 0.04 or more, or a |
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controlled substance or drug present in the person's body; or |
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(B) while operating a motor vehicle, other than a |
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commercial motor vehicle, in a public place had an alcohol |
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concentration of 0.08 or more. |
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SECTION 4. Section 522.092, Transportation Code, is amended |
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to read as follows: |
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Sec. 522.092. SUSPENSION, REVOCATION, CANCELLATION, OR |
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DENIAL OF DRIVER'S LICENSE UNDER OTHER LAWS. A person subject to |
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disqualification under this chapter may also have the person's |
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driver's license suspended, revoked, canceled, or denied under one |
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or more of the following, if the conduct that is a ground for |
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disqualification is also a ground for the suspension, revocation, |
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cancellation, or denial of a driver's license suspension under: |
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(1) Chapter 521; |
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(2) [Chapter 524;
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[(3)] Chapter 601; or |
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(3) [(4)] Chapter 724. |
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SECTION 5. Sections 522.105(b) and (d), Transportation |
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Code, are amended to read as follows: |
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(b) Except as provided by Subsection (c), the procedure for |
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notice and disqualification under this section is that specified by |
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Subchapters C and D, Chapter 724[, or Chapter 524]. |
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(d) An appeal of a disqualification under this section is |
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subject to Sections 724.047, 724.0471, and 724.0472 |
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[524.041-524.044]. |
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SECTION 6. The heading to Chapter 724, Transportation Code, |
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is amended to read as follows: |
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CHAPTER 724. ADMINISTRATIVE SUSPENSION OF LICENSE TO OPERATE A |
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VEHICLE ON REFUSAL TO PROVIDE SPECIMEN [IMPLIED CONSENT] |
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SECTION 7. Section 724.015, Transportation Code, is amended |
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to read as follows: |
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Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE |
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REQUESTING SPECIMEN. Before requesting a person to submit to the |
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taking of a specimen, the officer shall inform the person orally and |
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in writing that: |
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(1) if the person refuses to submit to the taking of |
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the specimen, that refusal may be admissible in a subsequent |
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prosecution; |
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(2) if the person refuses to submit to the taking of |
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the specimen, the person's license to operate a motor vehicle will |
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be automatically suspended, whether or not the person is |
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subsequently prosecuted as a result of the arrest, for not less than |
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365 [180] days; |
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(3) [if the person is 21 years of age or older and
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submits to the taking of a specimen designated by the officer and an
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analysis of the specimen shows the person had an alcohol
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concentration of a level specified by Chapter 49, Penal Code, the
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person's license to operate a motor vehicle will be automatically
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suspended for not less than 90 days, whether or not the person is
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subsequently prosecuted as a result of the arrest;
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[(4) if the person is younger than 21 years of age and
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has any detectable amount of alcohol in the person's system, the
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person's license to operate a motor vehicle will be automatically
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suspended for not less than 60 days even if the person submits to
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the taking of the specimen, but that if the person submits to the
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taking of the specimen and an analysis of the specimen shows that
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the person had an alcohol concentration less than the level
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specified by Chapter 49, Penal Code, the person may be subject to
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criminal penalties less severe than those provided under that
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chapter;
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[(5)] if the officer determines that the person is a |
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resident without a license to operate a motor vehicle in this state, |
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the department will deny to the person the issuance of a license, |
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whether or not the person is subsequently prosecuted as a result of |
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the arrest, under the same conditions and for the same periods that |
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would have applied to a revocation of the person's driver's license |
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if the person had held a driver's license issued by this state; and |
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(4) [(6)] if the person refuses to submit to the |
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taking of the specimen, the person has a right to a hearing on the |
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suspension or denial if, not later than the 15th day after the date |
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on which the person receives the notice of suspension or denial or |
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on which the person is considered to have received the notice by |
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mail as provided by law, the department receives, at its |
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headquarters in Austin, a written demand, including a facsimile |
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transmission, or a request in another form prescribed by the |
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department for the hearing. |
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SECTION 8. Sections 724.035(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) If a person refuses the request of a peace officer to |
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submit to the taking of a specimen, the department shall: |
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(1) suspend the person's license to operate a motor |
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vehicle on a public highway for 365 [180] days; or |
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(2) if the person is a resident without a license, |
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issue an order denying the issuance of a license to the person for |
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365 [180] days. |
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(b) The period of suspension or denial is two years if the |
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person's driving record shows one or more alcohol-related or |
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drug-related enforcement contacts, as defined by Section 521.251 |
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[524.001(3)], during the 10 years preceding the date of the |
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person's arrest. |
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SECTION 9. Subchapter D, Chapter 724, Transportation Code, |
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is amended by adding Sections 724.0411 and 724.0412 to read as |
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follows: |
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Sec. 724.0411. NOTICE REQUIREMENTS. (a) Notice required |
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to be provided by the department under this subchapter may be given |
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by telephone or other electronic means. If notice is given by |
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telephone or other electronic means, written notice must also be |
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provided. |
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(b) Notice by mail is considered received on the fifth day |
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after the date the notice is deposited with the United States Postal |
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Service. |
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Sec. 724.0412. RESCHEDULING AND CONTINUANCE. (a) A |
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hearing required under Section 724.041 shall be rescheduled if, |
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before the fifth day before the date scheduled for the hearing, the |
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department receives a request for a continuance from the person who |
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requested the hearing. Unless both parties agree otherwise, the |
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hearing shall be rescheduled for a date not earlier than the fifth |
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day after the date the department receives the request for the |
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continuance. |
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(b) A person who requests a hearing under this subchapter |
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may obtain only one continuance unless the person shows that a |
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medical condition prevents the person from attending the |
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rescheduled hearing, in which event one additional continuance may |
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be granted for a period not to exceed 10 days. |
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SECTION 10. Section 724.042, Transportation Code, is |
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amended to read as follows: |
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Sec. 724.042. ISSUES AT HEARING. The issues at a hearing |
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under this subchapter are whether: |
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(1) [reasonable suspicion or probable cause existed to
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stop or arrest the person;
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[(2)probable cause existed to believe that] the |
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person was: |
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(A) operating a motor vehicle in a public place |
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[while intoxicated]; or |
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(B) operating a watercraft powered with an engine |
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having a manufacturer's rating of 50 horsepower or above [while
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intoxicated]; |
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(2) [(3)] the person was placed under arrest [by the
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officer] and was requested by a peace officer to submit to the |
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taking of a specimen; and |
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(3) [(4)] the person refused to submit to the taking |
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of a specimen on request of the officer. |
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SECTION 11. Subchapter D, Chapter 724, Transportation Code, |
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is amended by adding Section 724.0431 to read as follows: |
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Sec. 724.0431. DECISION OF ADMINISTRATIVE LAW JUDGE. The |
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decision of the administrative law judge is final when issued and |
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signed. |
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SECTION 12. Section 724.047, Transportation Code, is |
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amended to read as follows: |
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Sec. 724.047. APPEAL. (a) A person whose license |
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suspension is sustained may appeal the decision by filing a |
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petition not later than the 30th day after the date the |
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administrative law judge's decision is final. The administrative |
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law judge's final decision is immediately appealable without the |
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requirement of a motion for rehearing. |
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(b) A petition under Subsection (a) must be filed in a |
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county court at law in the county in which the person was arrested |
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or, if there is not a county court at law in the county, in the |
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county court. If the county judge is not a licensed attorney, the |
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county judge shall transfer the case to a district court for the |
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county on the motion of either party or of the judge. |
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(c) A person who files an appeal under this section shall |
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send a copy of the petition by certified mail to the department and |
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to the State Office of Administrative Hearings at each agency's |
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headquarters in Austin. The copy must be certified by the clerk of |
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the court in which the petition is filed. |
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(d) The department's right to appeal is limited to issues of |
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law. |
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(e) A district or county attorney may represent the |
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department in an appeal. [Chapter 524 governs an appeal from an
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action of the department, following an administrative hearing under
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this chapter, in suspending or denying the issuance of a license.] |
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SECTION 13. Subchapter D, Chapter 724, Transportation Code, |
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is amended by adding Sections 724.0471 and 724.0472 to read as |
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follows: |
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Sec. 724.0471. REVIEW; ADDITIONAL EVIDENCE. (a) Review on |
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appeal is on the record certified by the State Office of |
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Administrative Hearings with no additional testimony. |
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(b) On appeal, a party may apply to the court to present |
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additional evidence. If the court is satisfied that the additional |
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evidence is material and that there were good reasons for the |
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failure to present it in the proceeding before the administrative |
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law judge, the court may order that the additional evidence be taken |
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before an administrative law judge on conditions determined by the |
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court. |
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(c) There is no right to a jury trial in an appeal under this |
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section. |
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(d) A remand under this section does not stay the suspension |
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of a license. |
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Sec. 724.0472. TRANSCRIPT OF ADMINISTRATIVE HEARING. (a) |
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To obtain a transcript of an administrative hearing, the party who |
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appeals the administrative law judge's decision must apply to the |
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State Office of Administrative Hearings. |
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(b) On payment of a fee not to exceed the actual cost of |
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preparing the transcript, the State Office of Administrative |
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Hearings shall promptly furnish both parties with a transcript of |
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the administrative hearing. |
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SECTION 14. Section 49.04, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Except as provided by Subsections [Subsection] (c) and |
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(d) and Section 49.09, an offense under this section is a Class B |
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misdemeanor, with a minimum term of confinement of 72 hours. |
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(d) If it is shown on the trial of an offense under this |
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section that at the time of the offense the person operating the |
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motor vehicle had an alcohol concentration of 0.16 or more, the |
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offense is a Class A misdemeanor. |
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SECTION 15. Article 55.06, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55.06. LICENSE SUSPENSIONS AND REVOCATIONS. Records |
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relating to the suspension or revocation of a driver's license, |
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permit, or privilege to operate a motor vehicle may not be expunged |
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under this chapter except as provided in Section 724.048 [524.015], |
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Transportation Code[, or Section 724.048 of that code]. |
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SECTION 16. Section 54.042(h), Family Code, is amended to |
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read as follows: |
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(h) If a child is adjudicated for conduct that violates |
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Section 49.04, 49.07, or 49.08, Penal Code, and if any conduct on |
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which that adjudication is based is a ground for a driver's license |
|
suspension under Chapter [524 or] 724, Transportation Code, each of |
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the suspensions shall be imposed. The court imposing a driver's |
|
license suspension under this section shall credit a period of |
|
suspension imposed under Chapter [524 or] 724, Transportation Code, |
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toward the period of suspension required under this section, except |
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that if the child was previously adjudicated for conduct that |
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violates Section 49.04, 49.07, or 49.08, Penal Code, credit may not |
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be given. |
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SECTION 17. Section 75.014(e), Government Code, is amended |
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to read as follows: |
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(e) The County Courts at Law No. 6 and No. 7 of El Paso |
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County, Texas, are designated as criminal misdemeanor courts. |
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Courts designated as criminal misdemeanor courts shall give |
|
preference to and have primary responsibility for: |
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(1) criminal misdemeanor cases; |
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(2) appeals or petitions under Section 501.052, |
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521.242, or 521.302, [or 524.041,] Transportation Code; |
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(3) misdemeanor bail bond and personal bond forfeiture |
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cases; and |
|
(4) appeals de novo from the municipal and justice |
|
courts. |
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SECTION 18. The following provisions of the Transportation |
|
Code are repealed: |
|
(1) Chapter 524; and |
|
(2) Section 724.041(g). |
|
SECTION 19. (a) Section 49.04, Penal Code, as amended by |
|
this Act, applies only to an offense committed on or after the |
|
effective date of this Act. For purposes of this subsection, an |
|
offense was committed before the effective date of this Act if any |
|
element of the offense occurred before the effective date of this |
|
Act. |
|
(b) An offense committed before the effective date of this |
|
Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 20. This Act takes effect September 1, 2007. |