| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the civil consequences of certain convictions on a |
|
|
person who holds a commercial driver's license and of certain |
|
|
adjudications on the driver's license or permit of a child. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (d), Section 522.081, Transportation |
|
|
Code, is amended to read as follows: |
|
|
(d) A person is disqualified from driving a commercial motor |
|
|
vehicle for life: |
|
|
(1) if the person is convicted two or more times of an |
|
|
offense specified by Subsection (b)(2), or a combination of those |
|
|
offenses, arising from two or more separate incidents; |
|
|
(2) if the person uses a motor vehicle in the |
|
|
commission of a felony involving: |
|
|
(A) the manufacture, distribution, or dispensing |
|
|
of a controlled substance; or |
|
|
(B) possession with intent to manufacture, |
|
|
distribute, or dispense a controlled substance; [or] |
|
|
(3) for any combination of two or more of the |
|
|
following, arising from two or more separate incidents: |
|
|
(A) a conviction of the person for an offense |
|
|
described by Subsection (b)(2); |
|
|
(B) a refusal by the person described by |
|
|
Subsection (b)(3); and |
|
|
(C) an analysis of the person's blood, breath, or |
|
|
urine described by Subsection (b)(4); or |
|
|
(4) if the person uses a motor vehicle in the |
|
|
commission of an offense under 8 U.S.C. Section 1324 that involves |
|
|
the transportation, concealment, or harboring of an alien. |
|
|
SECTION 2. Subsection (a), Section 54.042, Family Code, is |
|
|
amended to read as follows: |
|
|
(a) A juvenile court, in a disposition hearing under Section |
|
|
54.04, shall: |
|
|
(1) order the Department of Public Safety to suspend a |
|
|
child's driver's license or permit, or if the child does not have a |
|
|
license or permit, to deny the issuance of a license or permit to |
|
|
the child if the court finds that the child has engaged in conduct |
|
|
that: |
|
|
(A) violates a law of this state enumerated in |
|
|
Section 521.342(a), Transportation Code; or |
|
|
(B) violates a penal law of this state or the |
|
|
United States, an element or elements of which involve a severe form |
|
|
of trafficking in persons, as defined by 22 U.S.C. Section 7102; or |
|
|
(2) notify the Department of Public Safety of the |
|
|
adjudication, if the court finds that the child has engaged in |
|
|
conduct that violates a law of this state enumerated in Section |
|
|
521.372(a), Transportation Code. |
|
|
SECTION 3. (a) The change in law made by this Act to |
|
|
Section 522.081, Transportation Code, applies only in connection |
|
|
with a conviction that becomes final on or after the effective date |
|
|
of this Act. A conviction that became final before the effective |
|
|
date of this Act is covered by Section 522.081, Transportation |
|
|
Code, as that section existed on the date the conviction became |
|
|
final, and the former law is continued in effect for that purpose. |
|
|
(b) The change in law made by this Act in amending Section |
|
|
54.042, Family Code, applies only to conduct that occurs on or after |
|
|
the effective date of this Act. Conduct that occurred before the |
|
|
effective date of this Act is covered by the law in effect at the |
|
|
time the conduct occurred, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |
|
|
|
|
|
* * * * * |