By: Gallego H.B. No. 137

A BILL TO BE ENTITLED

AN ACT

relating to requiring a distinctive symbol or marking on the driver's license issued to a person convicted of certain intoxication offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter F, Chapter 521, Transportation Code, is amended by adding Section 521.127 to read as follows:

Sec. 521.127. DRIVER'S LICENSE FOR PERSONS CONVICTED OF CERTAIN INTOXICATED DRIVING OFFENSES. (a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.

(b) Notwithstanding Section 521.347, a court in which a person is convicted of an offense relating to the operating of a motor vehicle while intoxicated shall require the person to surrender to the court the person's driver's license.

(c) A court that requires a person to surrender the person's driver's license under Subsection (b) shall send to the department:

(1) a record of the person's conviction; and

(2) an indication that the driver's license issued to the person is subject to the requirements of this section.

(d) A person who is required to surrender the person's driver's license to the court under Subsection (b) may apply to the department for the issuance of a new or duplicate license provided that any applicable suspension period has expired.

(e) On the payment of all required fees, the department shall issue to a person who applies for a new or duplicate license under Subsection (d) a driver's license that includes a distinctive symbol or marking on the face of the license identifying the license holder as a person who has been convicted of an offense relating to the operating of a motor vehicle while intoxicated. The department by rule shall specify the symbol or marking required by this subsection.

(f) A driver's license issued under this section must include the symbol or marking required by Subsection (e) for the following time periods:

(1) if the person to whom the license is issued has been convicted only one time of an offense relating to the operating of a motor vehicle while intoxicated, until the third anniversary of the later of:

(A) the date of that conviction; or

(B) the expiration of the period of suspension of the person's license as a result of the conviction;

(2) if the person to whom the license is issued has been convicted two times of an offense relating to the operating of a motor vehicle while intoxicated, until the fifth anniversary of the later of:

(A) the date of the person's most recent conviction of an offense relating to the operating of a motor vehicle while intoxicated; or

(B) the expiration of the period of suspension of the person's license as a result of that conviction; or

(3) if the person to whom the license is issued has been convicted three or more times of an offense relating to the operating of a motor vehicle while intoxicated, permanently.

(g) The symbol or marking required by Subsection (e) is in addition to any other information on the person's driver's license required by this chapter or the department.

(h) On or after the expiration of the time period specified by Subsection (f)(1) or (2), as applicable, a person issued a driver's license under Subsection (e) may apply to the department for a license that does not include the distinctive symbol or marking.

SECTION 2. Section 521.127, Transportation Code, as added by this Act, applies only to a person who is convicted of an offense on or after the effective date of this Act. A person who was convicted of an offense before the effective date of this Act is governed by the law in effect when the person was convicted, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2011.