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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a distinctive symbol or marking on the |
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driver's license issued to a person convicted of certain |
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intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 521, Transportation Code, |
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is amended by adding Section 521.127 to read as follows: |
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Sec. 521.127. DRIVER'S LICENSE FOR PERSONS CONVICTED OF |
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CERTAIN INTOXICATED DRIVING OFFENSES. (a) In this section, |
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"offense relating to the operating of a motor vehicle while |
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intoxicated" has the meaning assigned by Section 49.09, Penal Code. |
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(b) Notwithstanding Section 521.347, a court in which a |
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person is convicted of an offense relating to the operating of a |
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motor vehicle while intoxicated shall require the person to |
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surrender to the court the person's driver's license. |
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(c) A court that requires a person to surrender the person's |
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driver's license under Subsection (b) shall send to the department: |
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(1) a record of the person's conviction; and |
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(2) an indication that the driver's license issued to |
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the person is subject to the requirements of this section. |
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(d) A person who is required to surrender the person's |
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driver's license to the court under Subsection (b) may apply to the |
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department for the issuance of a new or duplicate license provided |
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that any applicable suspension period has expired. |
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(e) On the payment of all required fees, the department |
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shall issue to a person who applies for a new or duplicate license |
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under Subsection (d) a driver's license that includes a distinctive |
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symbol or marking on the face of the license identifying the license |
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holder as a person who has been convicted of an offense relating to |
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the operating of a motor vehicle while intoxicated. The department |
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by rule shall specify the symbol or marking required by this |
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subsection. |
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(f) A driver's license issued under this section must |
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include the symbol or marking required by Subsection (e) for the |
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following time periods: |
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(1) if the person to whom the license is issued has |
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been convicted only one time of an offense relating to the operating |
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of a motor vehicle while intoxicated, until the third anniversary |
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of the later of: |
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(A) the date of that conviction; or |
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(B) the expiration of the period of suspension of |
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the person's license as a result of the conviction; |
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(2) if the person to whom the license is issued has |
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been convicted two times of an offense relating to the operating of |
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a motor vehicle while intoxicated, until the fifth anniversary of |
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the later of: |
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(A) the date of the person's most recent |
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conviction of an offense relating to the operating of a motor |
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vehicle while intoxicated; or |
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(B) the expiration of the period of suspension of |
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the person's license as a result of that conviction; or |
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(3) if the person to whom the license is issued has |
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been convicted three or more times of an offense relating to the |
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operating of a motor vehicle while intoxicated, permanently. |
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(g) The symbol or marking required by Subsection (e) is in |
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addition to any other information on the person's driver's license |
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required by this chapter or the department. |
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(h) On or after the expiration of the time period specified |
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by Subsection (f)(1) or (2), as applicable, a person issued a |
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driver's license under Subsection (e) may apply to the department |
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for a license that does not include the distinctive symbol or |
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marking. |
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SECTION 2. Section 521.127, Transportation Code, as added |
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by this Act, applies only to a person who is convicted of an offense |
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on or after the effective date of this Act. A person who was |
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convicted of an offense before the effective date of this Act is |
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governed by the law in effect when the person was convicted, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |