| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the civil and criminal consequences of operating a |
|
|
motor vehicle or a watercraft while intoxicated or under the |
|
|
influence of alcohol. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 106.041, Alcoholic |
|
|
Beverage Code, is amended to read as follows: |
|
|
Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE |
|
|
INFLUENCE OF ALCOHOL BY MINOR. |
|
|
SECTION 2. Subsections (a) and (g), Section 106.041, |
|
|
Alcoholic Beverage Code, are amended to read as follows: |
|
|
(a) A minor commits an offense if the minor operates a motor |
|
|
vehicle in a public place, or a watercraft, while having any |
|
|
detectable amount of alcohol in the minor's system. |
|
|
(g) An offense under this section is not a lesser included |
|
|
offense under Section 49.04, 49.045, or 49.06, Penal Code. |
|
|
SECTION 3. Subsection (j), Section 106.041, Alcoholic |
|
|
Beverage Code, is amended by adding Subdivision (4) to read as |
|
|
follows: |
|
|
(4) "Watercraft" has the meaning assigned by Section |
|
|
49.01, Penal Code. |
|
|
SECTION 4. Subdivision (3), Section 524.001, |
|
|
Transportation Code, is amended to read as follows: |
|
|
(3) "Alcohol-related or drug-related enforcement |
|
|
contact" means a driver's license suspension, disqualification, or |
|
|
prohibition order under the laws of this state or another state |
|
|
resulting from: |
|
|
(A) a conviction of an offense prohibiting the |
|
|
operation of a motor vehicle or watercraft while: |
|
|
(i) intoxicated; |
|
|
(ii) under the influence of alcohol; or |
|
|
(iii) under the influence of a controlled |
|
|
substance; |
|
|
(B) a refusal to submit to the taking of a breath |
|
|
or blood specimen following an arrest for an offense prohibiting |
|
|
the operation of a motor vehicle or an offense prohibiting the |
|
|
operation of a watercraft, if the watercraft was powered with an |
|
|
engine having a manufacturer's rating of 50 horsepower or more, |
|
|
while: |
|
|
(i) intoxicated; |
|
|
(ii) under the influence of alcohol; or |
|
|
(iii) under the influence of a controlled |
|
|
substance; or |
|
|
(C) an analysis of a breath or blood specimen |
|
|
showing an alcohol concentration of a level specified by Section |
|
|
49.01, Penal Code, following an arrest for an offense prohibiting |
|
|
the operation of a motor vehicle or watercraft while intoxicated. |
|
|
SECTION 5. Subsection (a), Section 524.011, Transportation |
|
|
Code, is amended to read as follows: |
|
|
(a) An officer arresting a person shall comply with |
|
|
Subsection (b) if: |
|
|
(1) the person is arrested for an offense under |
|
|
Section 49.04, 49.045, or 49.06, Penal Code, or an offense under |
|
|
Section 49.07 or 49.08 of that code involving the operation of a |
|
|
motor vehicle or watercraft, submits to the taking of a specimen of |
|
|
breath or blood and an analysis of the specimen shows the person had |
|
|
an alcohol concentration of a level specified by Section |
|
|
49.01(2)(B), Penal Code; or |
|
|
(2) the person is a minor arrested for an offense under |
|
|
Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, |
|
|
or 49.06, Penal Code, or an offense under Section 49.07 or 49.08, |
|
|
Penal Code, involving the operation of a motor vehicle or |
|
|
watercraft and: |
|
|
(A) the minor is not requested to submit to the |
|
|
taking of a specimen; or |
|
|
(B) the minor submits to the taking of a specimen |
|
|
and an analysis of the specimen shows that the minor had an alcohol |
|
|
concentration of greater than .00 but less than the level specified |
|
|
by Section 49.01(2)(B), Penal Code. |
|
|
SECTION 6. Subsection (b), Section 524.012, Transportation |
|
|
Code, is amended to read as follows: |
|
|
(b) The department shall suspend the person's driver's |
|
|
license if the department determines that: |
|
|
(1) the person had an alcohol concentration of a level |
|
|
specified by Section 49.01(2)(B), Penal Code, while operating a |
|
|
motor vehicle in a public place or while operating a watercraft; or |
|
|
(2) the person was [is] a minor on the date that the |
|
|
breath or blood specimen was obtained and had any detectable amount |
|
|
of alcohol in the minor's system while operating a motor vehicle in |
|
|
a public place or while operating a watercraft. |
|
|
SECTION 7. Subsection (b), Section 524.015, Transportation |
|
|
Code, is amended to read as follows: |
|
|
(b) A suspension may not be imposed under this chapter on a |
|
|
person who is acquitted of a criminal charge under Section 49.04, |
|
|
49.045, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041, |
|
|
Alcoholic Beverage Code, arising from the occurrence that was the |
|
|
basis for the suspension. If a suspension was imposed before the |
|
|
acquittal, the department shall rescind the suspension and shall |
|
|
remove any reference to the suspension from the person's |
|
|
computerized driving record. |
|
|
SECTION 8. Subsection (b), Section 524.022, Transportation |
|
|
Code, is amended to read as follows: |
|
|
(b) A period of suspension under this chapter for a minor |
|
|
is: |
|
|
(1) 60 days if the minor has not been previously |
|
|
convicted of an offense under Section 106.041, Alcoholic Beverage |
|
|
Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense |
|
|
under Section 49.07 or 49.08, Penal Code, involving the operation |
|
|
of a motor vehicle or a watercraft; |
|
|
(2) 120 days if the minor has been previously |
|
|
convicted once of an offense listed by Subdivision (1); or |
|
|
(3) 180 days if the minor has been previously |
|
|
convicted twice or more of an offense listed by Subdivision (1). |
|
|
SECTION 9. Section 524.023, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS. |
|
|
(a) If a person is convicted of an offense under Section 106.041, |
|
|
Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.07, or |
|
|
49.08, Penal Code, and if any conduct on which that conviction is |
|
|
based is a ground for a driver's license suspension under this |
|
|
chapter and Section 106.041, Alcoholic Beverage Code, Subchapter O, |
|
|
Chapter 521, or Subchapter H, Chapter 522, each of the suspensions |
|
|
shall be imposed. |
|
|
(b) The court imposing a driver's license suspension under |
|
|
Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as |
|
|
required by Subsection (a) shall credit a period of suspension |
|
|
imposed under this chapter toward the period of suspension required |
|
|
under Section 106.041, Alcoholic Beverage Code, or Subchapter O, |
|
|
Chapter 521, or Subchapter H, Chapter 522, unless the person was |
|
|
convicted of an offense under Article 6701l-1, Revised Statutes, as |
|
|
that law existed before September 1, 1994, Section 19.05(a)(2), |
|
|
Penal Code, as that law existed before September 1, 1994, Section |
|
|
49.04, 49.045, 49.06, 49.07, or 49.08, Penal Code, or Section |
|
|
106.041, Alcoholic Beverage Code, before the date of the conviction |
|
|
on which the suspension is based, in which event credit may not be |
|
|
given. |
|
|
SECTION 10. Subsections (a) and (d), Section 524.035, |
|
|
Transportation Code, are amended to read as follows: |
|
|
(a) The issues that must be proved at a hearing by a |
|
|
preponderance of the evidence are: |
|
|
(1) whether: |
|
|
(A) the person had an alcohol concentration of a |
|
|
level specified by Section 49.01(2)(B), Penal Code, while operating |
|
|
a motor vehicle in a public place or while operating a watercraft; |
|
|
or |
|
|
(B) the person was [is] a minor on the date that |
|
|
the breath or blood specimen was obtained and had any detectable |
|
|
amount of alcohol in the minor's system while operating a motor |
|
|
vehicle in a public place or while operating a watercraft; and |
|
|
(2) whether reasonable suspicion to stop or probable |
|
|
cause to arrest the person existed. |
|
|
(d) An administrative law judge may not find in the |
|
|
affirmative on the issue in Subsection (a)(1) if: |
|
|
(1) the person is an adult and the analysis of the |
|
|
person's breath or blood determined that the person had an alcohol |
|
|
concentration of a level below that specified by Section 49.01, |
|
|
Penal Code, at the time the specimen was taken; or |
|
|
(2) the person was [is] a minor on the date that the |
|
|
breath or blood specimen was obtained and the administrative law |
|
|
judge does not find that the minor had any detectable amount of |
|
|
alcohol in the minor's system when the minor was arrested. |
|
|
SECTION 11. Subsection (a), Section 524.042, |
|
|
Transportation Code, is amended to read as follows: |
|
|
(a) A suspension of a driver's license under this chapter is |
|
|
stayed on the filing of an appeal petition only if: |
|
|
(1) the person's driver's license has not been |
|
|
suspended as a result of an alcohol-related or drug-related |
|
|
enforcement contact during the five years preceding the date of the |
|
|
person's arrest; and |
|
|
(2) the person has not been convicted during the 10 |
|
|
years preceding the date of the person's arrest of an offense under: |
|
|
(A) Article 6701l-1, Revised Statutes, as that |
|
|
law existed before September 1, 1994; |
|
|
(B) Section 19.05(a)(2), Penal Code, as that law |
|
|
existed before September 1, 1994; |
|
|
(C) Section 49.04, 49.045, or 49.06, Penal Code; |
|
|
(D) Section 49.07 or 49.08, Penal Code, if the |
|
|
offense involved the operation of a motor vehicle or a watercraft; |
|
|
or |
|
|
(E) Section 106.041, Alcoholic Beverage Code. |
|
|
SECTION 12. The changes in law to Chapter 524, |
|
|
Transportation Code, apply only to an offense committed on or after |
|
|
the effective date of this Act. An offense committed before the |
|
|
effective date of this Act is covered by the law in effect when the |
|
|
offense was committed, and the former law is continued in effect for |
|
|
that purpose. For purposes of this section, an offense was |
|
|
committed before the effective date of this Act if any element of |
|
|
the offense was committed before that date. |
|
|
SECTION 13. This Act takes effect September 1, 2009. |
|
|
|
|
|
* * * * * |