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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension of a driver's license by the Texas |
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Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.341, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE |
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SUSPENSION. Except as provided by Sections 521.344(d)-(i), a |
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license is automatically suspended on final conviction of the |
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license holder of: |
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(1) an offense under Section 19.05, Penal Code, |
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committed as a result of the holder's criminally negligent |
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operation of a motor vehicle; |
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(2) an offense under Section 38.04, Penal Code, if the |
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holder used a motor vehicle in the commission of the offense; |
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(3) an offense under Section 49.04, 49.045, or 49.08, |
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Penal Code; |
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(4) an offense under Section 49.07, Penal Code, if the |
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holder used a motor vehicle in the commission of the offense; |
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(5) an offense punishable as a felony under the motor |
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vehicle laws of this state; |
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(6) an offense under Section 550.021; |
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(7) an offense under Section 521.451 or 521.453; or |
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(8) an offense under Section 19.04, Penal Code, if the |
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holder used a motor vehicle in the commission of the offense. |
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SECTION 2. Sections 521.342(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) Except as provided by Section 521.344, the license of a |
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person who was under 21 years of age at the time of the offense, |
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other than an offense classified as a misdemeanor punishable by |
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fine only, is automatically suspended on conviction of: |
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(1) an offense under Section 49.04, 49.045, or 49.07, |
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Penal Code, committed as a result of the introduction of alcohol |
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into the body; |
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(2) an offense under the Alcoholic Beverage Code, |
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other than an offense to which Section 106.071 of that code applies, |
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involving the manufacture, delivery, possession, transportation, |
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or use of an alcoholic beverage; |
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(3) a misdemeanor offense under Chapter 481, Health |
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and Safety Code, for which Subchapter P does not require the |
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automatic suspension of the license; |
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(4) an offense under Chapter 483, Health and Safety |
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Code, involving the manufacture, delivery, possession, |
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transportation, or use of a dangerous drug; or |
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(5) an offense under Chapter 485, Health and Safety |
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Code, involving the manufacture, delivery, possession, |
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transportation, or use of an abusable volatile chemical. |
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(b) The department shall suspend for one year the license of |
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a person who is under 21 years of age and is convicted of an offense |
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under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, |
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regardless of whether the person is required to attend an |
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educational program under Section 13(h), Article 42.12, Code of |
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Criminal Procedure, that is designed to rehabilitate persons who |
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have operated motor vehicles while intoxicated, unless the person |
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is placed under community supervision under that article and is |
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required as a condition of the community supervision to not operate |
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a motor vehicle unless the vehicle is equipped with the device |
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described by Section 13(i) of that article. If the person is |
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required to attend such a program and does not complete the program |
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before the end of the person's suspension, the department shall |
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suspend the person's license or continue the suspension, as |
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appropriate, until the department receives proof that the person |
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has successfully completed the program. On the person's successful |
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completion of the program, the person's instructor shall give |
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notice to the department and to the community supervision and |
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corrections department in the manner provided by Section 13(h), |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 3. Sections 521.344(a), (c), and (i), |
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Transportation Code, are amended to read as follows: |
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(a) Except as provided by Sections 521.342(b) and 521.345, |
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and by Subsections (d)-(i), if a person is convicted of an offense |
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under Section 49.04, 49.045, or 49.07, Penal Code, the license |
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suspension: |
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(1) begins on a date set by the court that is not |
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earlier than the date of the conviction or later than the 30th day |
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after the date of the conviction, as determined by the court; and |
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(2) continues for a period set by the court according |
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to the following schedule: |
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(A) not less than 90 days or more than one year, |
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if the person is punished under Section 49.04, 49.045, or 49.07, |
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Penal Code, except that if the person's license is suspended for a |
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second or subsequent offense under Section 49.07 committed within |
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five years of the date on which the most recent preceding offense |
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was committed, the suspension continues for a period of one year; |
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(B) not less than 180 days or more than two years, |
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if the person is punished under Section 49.09(a) or (b), Penal Code; |
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or |
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(C) not less than one year or more than two years, |
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if the person is punished under Section 49.09(a) or (b), Penal Code, |
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and is subject to Section 49.09(h) of that code. |
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(c) The court shall credit toward the period of suspension a |
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suspension imposed on the person for refusal to give a specimen |
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under Chapter 724 if the refusal followed an arrest for the same |
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offense for which the court is suspending the person's license |
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under this chapter. The court may not extend the credit to a |
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person: |
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(1) who has been previously convicted of an offense |
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under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or |
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(2) whose period of suspension is governed by Section |
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521.342(b). |
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(i) On the date that a suspension order under Section |
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521.343(c) is to expire, the period of suspension or the |
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corresponding period in which the department is prohibited from |
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issuing a license is automatically increased to two years unless |
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the department receives notice of successful completion of the |
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educational program as required by Section 13, Article 42.12, Code |
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of Criminal Procedure. At the time a person is convicted of an |
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offense under Section 49.04 or 49.045, Penal Code, the court shall |
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warn the person of the effect of this subsection. On the person's |
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successful completion of the program, the person's instructor shall |
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give notice to the department and to the community supervision and |
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corrections department in the manner required by Section 13, |
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Article 42.12, Code of Criminal Procedure. If the department |
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receives proof of completion after a period has been extended under |
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this subsection, the department shall immediately end the |
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suspension or prohibition. |
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SECTION 4. Sections 13(h) and (n), Article 42.12, Code of |
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Criminal Procedure, are amended to read as follows: |
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(h) If a person convicted of an offense under Sections |
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49.04-49.08, Penal Code, is placed on community supervision, the |
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judge shall require, as a condition of the community supervision, |
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that the defendant attend and successfully complete before the |
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181st day after the day community supervision is granted an |
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educational program jointly approved by the Texas Commission on |
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Alcohol and Drug Abuse, the Department of Public Safety, the |
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Traffic Safety Section of the Texas Department of Transportation, |
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and the community justice assistance division of the Texas |
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Department of Criminal Justice designed to rehabilitate persons who |
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have driven while intoxicated. The Texas Commission on Alcohol and |
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Drug Abuse shall publish the jointly approved rules and shall |
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monitor, coordinate, and provide training to persons providing the |
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educational programs. The Texas Commission on Alcohol and Drug |
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Abuse is responsible for the administration of the certification of |
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approved educational programs and may charge a nonrefundable |
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application fee for the initial certification of approval and for |
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renewal of a certificate. The judge may waive the educational |
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program requirement or may grant an extension of time to |
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successfully complete the program that expires not later than one |
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year after the beginning date of the person's community |
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supervision, however, if the defendant by a motion in writing shows |
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good cause. In determining good cause, the judge may consider but |
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is not limited to: the defendant's school and work schedule, the |
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defendant's health, the distance that the defendant must travel to |
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attend an educational program, and the fact that the defendant |
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resides out of state, has no valid driver's license, or does not |
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have access to transportation. The judge shall set out the finding |
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of good cause for waiver in the judgment. If a defendant is |
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required, as a condition of community supervision, to attend an |
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educational program or if the court waives the educational program |
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requirement, the court clerk shall immediately report that fact to |
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the Department of Public Safety, on a form prescribed by the |
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department, for inclusion in the person's driving record. If the |
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court grants an extension of time in which the person may complete |
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the program, the court clerk shall immediately report that fact to |
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the Department of Public Safety on a form prescribed by the |
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department. The report must include the beginning date of the |
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person's community supervision. Upon the person's successful |
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completion of the educational program, the person's instructor |
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shall give notice to the Department of Public Safety for inclusion |
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in the person's driving record and to the community supervision and |
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corrections department. The community supervision and corrections |
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department shall then forward the notice to the court clerk for |
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filing. If the Department of Public Safety does not receive notice |
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that a defendant required to complete an educational program has |
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successfully completed the program within the period required by |
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this section, as shown on department records, the department shall |
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revoke the defendant's driver's license, permit, or privilege or |
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prohibit the person from obtaining a license or permit, as provided |
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by Sections 521.344(e) and (f), Transportation Code. The |
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Department of Public Safety may not reinstate a license suspended |
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under this subsection unless the person whose license was suspended |
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makes application to the department for reinstatement of the |
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person's license and pays to the department a reinstatement fee of |
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$100 [$50]. The Department of Public Safety shall remit all fees |
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collected under this subsection to the comptroller for deposit in |
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the general revenue fund. This subsection does not apply to a |
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defendant if a jury recommends community supervision for the |
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defendant and also recommends that the defendant's driver's license |
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not be suspended. |
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(n) Notwithstanding any other provision of this section or |
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other law, the judge who places on community supervision a |
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defendant who was [is] younger than 21 years of age at the time of |
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the offense and was convicted for an offense under Sections |
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49.04-49.08, Penal Code, shall: |
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(1) order that the defendant's driver's license be |
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suspended for 90 days beginning on the date that the person is |
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placed on community supervision; and |
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(2) require as a condition of community supervision |
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that the defendant not operate a motor vehicle unless the vehicle is |
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equipped with the device described by Subsection (i) of this |
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section. |
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SECTION 5. The changes in law made by this Act to Sections |
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521.341, 521.342, and 521.344, Transportation Code, and Section 13, |
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Article 42.12, Code of Criminal Procedure, apply only to an offense |
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committed on or after the effective date of this Act. For purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense occurred before the |
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effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2009. |