Amend SB 328 (House committee printing) by adding the 
following SECTION to the bill, appropriately numbered, and 
renumbering subsequent SECTIONS accordingly:
	SECTION ____.  (a)  Section 521.341, Transportation Code, is 
amended to read as follows:
	Sec. 521.341.  REQUIREMENTS FOR AUTOMATIC LICENSE 
SUSPENSION.  Except as provided by Sections 521.344(d)-(i), a 
license is automatically suspended on final conviction of the 
license holder of:
		(1)  an offense under Section 19.05, Penal Code, 
committed as a result of the holder's criminally negligent 
operation of a motor vehicle;
		(2)  an offense under Section 38.04, Penal Code, if the 
holder used a motor vehicle in the commission of the offense;
		(3)  an offense under Section 49.04, 49.045, or 49.08, 
Penal Code;   
		(4)  an offense under Section 49.07, Penal Code, if the 
holder used a motor vehicle in the commission of the offense;
		(5)  an offense punishable as a felony under the motor 
vehicle laws of this state;
		(6)  an offense under Section 550.021;                                        
		(7)  an offense under Section 521.451 or 521.453; or                          
		(8)  an offense under Section 19.04, Penal Code, if the 
holder used a motor vehicle in the commission of the offense.
	(b)  Sections 521.342(a) and (b), Transportation Code, are 
amended to read as follows:
	(a)  Except as provided by Section 521.344, the license of a 
person who was under 21 years of age at the time of the offense, 
other than an offense classified as a misdemeanor punishable by 
fine only, is automatically suspended on conviction of:
		(1)  an offense under Section 49.04, 49.045, or 49.07, 
Penal Code, committed as a result of the introduction of alcohol 
into the body;
		(2)  an offense under the Alcoholic Beverage Code, 
other than an offense to which Section 106.071 of that code applies, 
involving the manufacture, delivery, possession, transportation, 
or use of an alcoholic beverage;
		(3)  a misdemeanor offense under Chapter 481, Health 
and Safety Code, for which Subchapter P does not require the 
automatic suspension of the license;
		(4)  an offense under Chapter 483, Health and Safety 
Code, involving the manufacture, delivery, possession, 
transportation, or use of a dangerous drug; or
		(5)  an offense under Chapter 485, Health and Safety 
Code, involving the manufacture, delivery, possession, 
transportation, or use of an abusable volatile chemical.
	(b)  The department shall suspend for one year the license of 
a person who is under 21 years of age and is convicted of an offense 
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, 
regardless of whether the person is required to attend an 
educational program under Section 13(h), Article 42.12, Code of 
Criminal Procedure, that is designed to rehabilitate persons who 
have operated motor vehicles while intoxicated, unless the person 
is placed under community supervision under that article and is 
required as a condition of the community supervision to not operate 
a motor vehicle unless the vehicle is equipped with the device 
described by Section 13(i) of that article.  If the person is 
required to attend such a program and does not complete the program 
before the end of the person's suspension, the department shall 
suspend the person's license or continue the suspension, as 
appropriate, until the department receives proof that the person 
has successfully completed the program.  On the person's successful 
completion of the program, the person's instructor shall give 
notice to the department and to the community supervision and 
corrections department in the manner provided by Section 13(h), 
Article 42.12, Code of Criminal Procedure.
	(c)  Sections 521.344(a), (c), and (i), Transportation Code, 
are amended to read as follows:
	(a)  Except as provided by Sections 521.342(b) and 521.345, 
and by Subsections (d)-(i), if a person is convicted of an offense 
under Section 49.04, 49.045, or 49.07, Penal Code, the license 
suspension:
		(1)  begins on a date set by the court that is not 
earlier than the date of the conviction or later than the 30th day 
after the date of the conviction, as determined by the court; and
		(2)  continues for a period set by the court according 
to the following schedule:
			(A)  not less than 90 days or more than one year, 
if the person is punished under Section 49.04, 49.045, or 49.07, 
Penal Code, except that if the person's license is suspended for a 
second or subsequent offense under Section 49.07 committed within 
five years of the date on which the most recent preceding offense 
was committed, the suspension continues for a period of one year;
			(B)  not less than 180 days or more than two years, 
if the person is punished under Section 49.09(a) or (b), Penal Code; 
or
			(C)  not less than one year or more than two years, 
if the person is punished under Section 49.09(a) or (b), Penal Code, 
and is subject to Section 49.09(h) of that code.
	(c)  The court shall credit toward the period of suspension a 
suspension imposed on the person for refusal to give a specimen 
under Chapter 724 if the refusal followed an arrest for the same 
offense for which the court is suspending the person's license 
under this chapter.  The court may not extend the credit to a 
person:
		(1)  who has been previously convicted of an offense 
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or
		(2)  whose period of suspension is governed by Section 
521.342(b).          
	(i)  On the date that a suspension order under Section 
521.343(c) is to expire, the period of suspension or the 
corresponding period in which the department is prohibited from 
issuing a license is automatically increased to two years unless 
the department receives notice of successful completion of the 
educational program as required by Section 13, Article 42.12, Code 
of Criminal Procedure.  At the time a person is convicted of an 
offense under Section 49.04 or 49.045, Penal Code, the court shall 
warn the person of the effect of this subsection.  On the person's 
successful completion of the program, the person's instructor shall 
give notice to the department and to the community supervision and 
corrections department in the manner required by Section 13, 
Article 42.12, Code of Criminal Procedure.  If the department 
receives proof of completion after a period has been extended under 
this subsection, the department shall immediately end the 
suspension or prohibition.
	(d)  Sections 13(h) and (n), Article 42.12, Code of Criminal 
Procedure, are amended to read as follows:
	(h)  If a person convicted of an offense under Sections 
49.04-49.08, Penal Code, 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 day community supervision is granted an 
educational program jointly approved by the 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 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 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 beginning date of the person's community 
supervision, however, if the defendant by a motion in writing shows 
good cause.  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 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 
$100 [$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.
	(n)  Notwithstanding any other provision of this section or 
other law, the judge who places on community supervision a 
defendant who was [is] younger than 21 years of age at the time of 
the offense and was convicted for an offense under Sections 
49.04-49.08, Penal Code, shall:
		(1)  order that the defendant's driver's license be 
suspended for 90 days beginning on the date that the person is 
placed on community supervision; and
		(2)  require as a condition of community supervision 
that the defendant not operate a motor vehicle unless the vehicle is 
equipped with the device described by Subsection (i) of this 
section.
	(e)  The changes in law made by this section to Sections 
521.341, 521.342, and 521.344, Transportation Code, and Section 13, 
Article 42.12, Code of Criminal Procedure, apply 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.