| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the automatic suspension of the driver's license of a |
|
|
person convicted of certain organized crime offenses; providing |
|
|
penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 521.343(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Sections 521.342(b), 521.344(a), |
|
|
(b), (d), (e), (f), (g), (h), and (i), 521.345, 521.346, 521.3465, |
|
|
[and] 521.351, and 521.352, a suspension under this subchapter is |
|
|
for one year. |
|
|
SECTION 2. Subchapter O, Chapter 521, Transportation Code, |
|
|
is amended by adding Section 521.352 to read as follows: |
|
|
Sec. 521.352. SUSPENSION FOR CERTAIN ORGANIZED CRIME |
|
|
OFFENSES. (a) A person's license is automatically suspended on |
|
|
conviction of the person for an offense under Chapter 71, Penal |
|
|
Code. |
|
|
(b) The department may not issue a driver's license to a |
|
|
person convicted of an offense specified in Subsection (a) who, on |
|
|
the date of the conviction, did not hold a license. |
|
|
(c) The period of license suspension or prohibition under |
|
|
this section begins on a date set by the court that is not earlier |
|
|
than the date of conviction or later than the 30th day after the |
|
|
date of conviction. Except as provided by Subsection (d), the |
|
|
period of license suspension or prohibition under this section |
|
|
expires on the first anniversary of the date the suspension or |
|
|
prohibition began. |
|
|
(d) If on the date of conviction the defendant is younger |
|
|
than 21 years of age, the period of license suspension or |
|
|
prohibition continues until the later of: |
|
|
(1) the first anniversary of the date the suspension |
|
|
or prohibition began; or |
|
|
(2) the date on which the defendant attains the age of |
|
|
21. |
|
|
SECTION 3. Section 521.457, Transportation Code, is amended |
|
|
by amending Subsection (e) and adding Subsection (f-2) to read as |
|
|
follows: |
|
|
(e) Except as provided by Subsections (f), [and] (f-1), and |
|
|
(f-2), an offense under this section is a Class C misdemeanor. |
|
|
(f-2) If it is shown on the trial of an offense under this |
|
|
section that the person operated a motor vehicle on a highway during |
|
|
a period that the person's driver's license was suspended under |
|
|
Section 521.352 or the person was prohibited from obtaining a |
|
|
driver's license under that section, the offense is a state jail |
|
|
felony. |
|
|
SECTION 4. (a) The change in law made by this Act applies |
|
|
only to an offense committed on or after September 1, 2009. |
|
|
(b) An offense committed before September 1, 2009, 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 subsection, an offense was committed before September 1, 2009, |
|
|
if any element of the offense was committed before that date. |
|
|
SECTION 5. This Act takes effect September 1, 2009. |