|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
SECTION 1. Section
521.001(a)(3), Transportation Code, is amended to read as follows:
(3) "Driver's
license" means an authorization issued by the department for the
operation of a motor vehicle. The term includes:
(A) a temporary license or
instruction permit; and
(B) an occupational or
ignition interlock license.
|
No
equivalent provision.
|
|
SECTION 2. Section 521.202,
Transportation Code, is amended by adding Subsection (d) to read as
follows:
(d) Notwithstanding
Subsection (a) or (b), if a person is otherwise eligible, the department
may issue an ignition interlock license to a person during the period of
suspension.
|
No
equivalent provision.
|
|
SECTION 3. The heading to
Subchapter L, Chapter 521, Transportation Code, is amended to read as
follows:
SUBCHAPTER L. OCCUPATIONAL AND
IGNITION INTERLOCK LICENSES [LICENSE]
|
No
equivalent provision.
|
|
SECTION 4. Section
521.241(2), Transportation Code, is amended to read as follows:
(2) "Ignition interlock
device" means a functioning device approved by the
department under Section 521.247 that uses a deep-lung breath analysis
mechanism to make impractical the operation of a motor vehicle if ethyl
alcohol is detected in the breath of the operator of the vehicle.
|
No
equivalent provision.
|
|
SECTION 5. The heading to
Section 521.242, Transportation Code, is amended to read as follows:
Sec. 521.242. PETITION FOR
OCCUPATIONAL LICENSE.
|
No
equivalent provision.
|
|
SECTION 6. Subchapter L,
Chapter 521, Transportation Code, is amended by adding Section 521.2421 to
read as follows:
Sec. 521.2421.
APPLICATION FOR IGNITION INTERLOCK LICENSE. A person whose license has
been suspended or revoked for a conviction under Section 49.04, Penal Code,
or has been suspended under Chapter 524 or 724 may apply to the department:
(1) for issuance of an
ignition interlock license; or
(2) to extend the
effective period of an ignition interlock license issued for:
(A) a suspension under
Chapter 524 or 724; or
(B) a conviction arising
from the offense under Section 49.04, Penal Code.
|
No
equivalent provision. But see SECTIONS 1 and 3 below.
|
|
No
equivalent provision. But see SECTION 6 above.
|
SECTION 1. Section 13,
Article 42.12, Code of Criminal Procedure, is amended by adding Subsection
(o) to read as follows:
(o) Notwithstanding any
other provision of this section, a defendant whose license is suspended for
an offense under Sections 49.04-49.08, Penal Code, may operate a motor
vehicle during the period of suspension if the defendant:
(1) obtains and uses an
ignition interlock device as provided by Subsection (i) for the entire
period of the suspension; and
(2) applies for and
receives an occupational driver's license with an ignition interlock
designation under Section 521.2465, Transportation Code.
|
|
No
equivalent provision.
|
SECTION 2. Section 49.09(h),
Penal Code, is amended to read as follows:
(h) This subsection applies
only to a person convicted of a second or subsequent offense relating to
the operating of a motor vehicle while intoxicated committed within five
years of the date on which the most recent preceding offense was
committed. The court shall enter an order that requires the defendant to
have a device installed, on each motor vehicle owned or operated by the
defendant, that uses a deep-lung breath analysis mechanism to make
impractical the operation of the motor vehicle if ethyl alcohol is detected
in the breath of the operator, and that requires that before the first
anniversary of the ending date of the period of license suspension under
Section 521.344, Transportation Code, the defendant not operate any motor
vehicle that is not equipped with that device. The court shall require the
defendant to obtain the device at the defendant's own cost on or before
that ending date, require the defendant to provide evidence to the court on
or before that ending date that the device has been installed on each
appropriate vehicle, and order the device to remain installed on each
vehicle until the first anniversary of that ending date. If the court
determines the offender is unable to pay for the device, the court may
impose a reasonable payment schedule not to extend beyond the first
anniversary of the date of installation. The Department of Public Safety
shall approve devices for use under this subsection. Section 521.247,
Transportation Code, applies to the approval of a device under this
subsection and the consequences of that approval. Failure to comply with
an order entered under this subsection is punishable by contempt. For the
purpose of enforcing this subsection, the court that enters an order under
this subsection retains jurisdiction over the defendant until the date on
which the device is no longer required to remain installed. To the extent
of a conflict between this subsection and Section 13 [13(i)],
Article 42.12, Code of Criminal Procedure, this subsection controls.
|
|
No
equivalent provision. But see SECTION 6 above.
|
SECTION 3. Section
521.242(a), Transportation Code, is amended to read as follows:
(a) A person whose license
has been suspended for a cause other than a physical or mental disability
or impairment or a conviction of an offense under Sections
49.04-49.08 [Section 49.04], Penal Code, may apply for an
occupational license by filing a verified petition with the clerk of a
justice, county, or district court with jurisdiction that includes the
precinct or county in which:
(1) the person resides; or
(2) the offense occurred for
which the license was suspended.
|
|
SECTION 7. Section 521.243,
Transportation Code, is amended to read as follows:
Sec. 521.243. NOTICE TO
STATE; PRESENTATION OF EVIDENCE FOR OCCUPATIONAL LICENSE.
(a) The clerk of the court
shall send by certified mail to the attorney representing the state a copy
of the petition for an occupational
license and notice of the hearing if the petitioner's license
was suspended following a conviction for:
(1) an offense under Section
19.05, 49.04, 49.07, or 49.08, Penal
Code; or
(2) an offense to which
Section 521.342 applies.
(b)
A person who receives a copy of a petition for an occupational license
under Subsection (a) may attend the hearing and may present evidence at the
hearing against granting the petition.
|
SECTION 4. Section 521.243(a),
Transportation Code, is amended to read as follows:
(a) The clerk of the court
shall send by certified mail to the attorney representing the state a copy
of the petition and notice of the hearing if the petitioner's license was
suspended following a conviction for:
(1) an offense under Section
19.05 or Sections 49.04-49.08, [49.04, 49.07, or 49.08,] Penal
Code; or
(2) an offense to which
Section 521.342 applies.
|
|
SECTION 8. The heading to
Section 521.244, Transportation Code, is amended to read as follows:
Sec. 521.244. HEARING;
ORDER; DETERMINATION OF ESSENTIAL NEED FOR OCCUPATIONAL LICENSE.
|
No
equivalent provision.
|
|
SECTION 9. Section 521.244,
Transportation Code, is amended by amending Subsection (a) and adding
Subsection (e) to read as follows:
(a) The judge who hears the
petition for an occupational license shall sign an order finding
whether an essential need exists.
(e) This section does not
apply to an application to the department for an ignition interlock license
under Section 521.2421.
|
No
equivalent provision.
|
|
No
equivalent provision.
|
SECTION 5. Section 521.244,
Transportation Code, is amended by adding Subsection (e) to read as
follows: (e) A person convicted of an offense under Sections
49.04-49.08, Penal Code, who is restricted to the operation of a motor
vehicle equipped with an ignition interlock device is entitled to receive
an occupational license without a finding that an essential need exists for
that person, provided that the person shows:
(1) evidence of financial
responsibility under Chapter 601; and
(2) proof the person has
had an ignition interlock device installed on each motor vehicle owned or
operated by the person.
|
|
SECTION 10. The heading to
Section 521.245, Transportation Code, is amended to read as follows:
Sec. 521.245. REQUIRED
COUNSELING FOR IGNITION INTERLOCK LICENSE.
|
No
equivalent provision.
|
|
SECTION 11. Sections
521.245(a), (c), (d), and (f), Transportation Code, are amended to read as
follows:
(a) If a person's [the
petitioner's] license has been suspended under Chapter 524 or 724, as
a condition of issuance of an ignition interlock license the department
[court] shall require the person [petitioner] to enroll
and attend a program approved by the department [court]
that is designed to provide counseling and rehabilitation services to
persons for alcohol dependence. Proof of enrollment must be included
with the application for an ignition interlock [This requirement
shall be stated in the order granting the occupational] license under
Section 521.2421.
(c) The department [court]
may require the program [person] to report periodically to
the department [court] to verify that the person is attending
the required program.
(d) On receiving notice
[finding] that the person is not attending the program as required,
the department [court] may suspend [revoke] the
ignition interlock [order granting the occupational] license until
the person provides proof that the person is attending the required program.
[The court shall send a certified copy of the order revoking the license
to the department.]
(f) A suspension under
Subsection (d) [(e)]:
(1) takes effect on the date
on which the department sends notice of:
(A) the person's
nonattendance at the required program; and
(B) suspension of the
person's ignition interlock [court signs the order revoking the
occupational] license; [and]
(2) extends the term
[is cumulative] of the original suspension and the person's
eligibility for an ignition interlock license during that suspension; and
(3) will be rescinded
only on receipt of notice from the program of the person's compliance with
program attendance requirements.
|
No
equivalent provision.
|
|
SECTION 12. Section 521.246,
Transportation Code, is amended to read as follows:
Sec. 521.246. IGNITION
INTERLOCK DEVICE REQUIREMENT ON REINSTATEMENT.
(a) On receipt of notice of [If the person's license has been suspended
after] a conviction under Section 49.04, 49.07, or 49.08, Penal Code,
the department [judge, before signing an order,] shall
determine from the criminal history record information maintained by the
department whether the person has any previous conviction under those laws.
(b) The department shall note on the person's driving
record that on reinstatement, the person's driving privileges are
restricted
[As part of the order the
judge may restrict the person] to the operation of a motor vehicle
equipped with an ignition interlock device for
the designated period [if the judge determines that the
person's license has been suspended following a conviction under Section
49.04, 49.07, or 49.08, Penal Code. As part of the order, the judge shall
restrict the person to the operation of a motor vehicle equipped with an
ignition interlock device if the judge determines that:
[(1) the person has two
or more convictions under any combination of Section 49.04, 49.07, or
49.08, Penal Code; or
[(2) the person's license
has been suspended after a conviction under Section 49.04, Penal Code, for
which the person has been punished under Section 49.09, Penal Code].
(c)
The person shall obtain the ignition interlock device at the person's own
expense unless the court finds that to do so is not in the best interest of
justice and enters that finding in the record. If the court determines
that the person is unable to pay for the device, the court may impose a
reasonable payment schedule for a term not to exceed twice the period of
the court's order.
(d) The department [court] shall reduce the duration
of any postreinstatement ignition interlock requirement under Subsection
(b) by an amount of time equal to the period for which an ignition
interlock license was required as a condition of a preconviction or
postconviction license suspension or revocation arising from the offense
for which the person was convicted [order the ignition interlock
device to remain installed for at least half of the period of supervision].
(e)
A person to whom this section applies may operate a motor vehicle without
the installation of an approved ignition interlock device if:
(1)
the person is required to operate a motor vehicle in the course and scope
of the person's employment;
(2)
the vehicle is:
(A) owned, leased,
or rented by the person's employer; and
(B) driven at the direction of the person's employer during
working hours as a requirement of employment;
(3)
the employer is not owned or controlled by the person whose driving
privilege is restricted;
(4)
the employer is notified of the driving privilege restriction; and
(5)
proof of that notification is with the vehicle.
(f) A previous conviction
may not be used for purposes of determining
the length of the period [restricting]
a person is restricted to the operation of a motor vehicle
equipped with an interlock ignition device under this section if:
(1) the previous conviction was
a final conviction under Section 49.04,
49.07, or 49.08, Penal Code, and was for an offense committed more
than 10 years before the instant offense for which the person was
convicted; and
(2) the person has not been
convicted of an offense under Section
49.04, 49.07, or 49.08 of that code committed within 10 years before
the date of [on which] the instant offense for which the
person was convicted.
|
SECTION 6. Sections 521.246(a),
(b), (d), and (f), Transportation Code, are amended to read as follows:
(a) If the person's license has been suspended after a conviction of
an offense under Sections 49.04-49.08 [Section 49.04, 49.07,
or 49.08], Penal Code, the judge[, before signing an order,]
shall [determine from the
criminal history record information maintained by the department whether
the person has any previous conviction under those laws.
[(b)
As part of the order the
judge may] restrict the person
to the operation of a motor vehicle equipped with an ignition interlock
device [if the judge determines that the person's license has been
suspended following a conviction under Section 49.04, 49.07, or 49.08,
Penal Code. As part of the order, the judge shall restrict the person to
the operation of a motor vehicle equipped with an ignition interlock device
if the judge determines that:
[(1) the person has two
or more convictions under any combination of Section 49.04, 49.07, or
49.08, Penal Code; or
[(2) the person's license
has been suspended after a conviction under Section 49.04, Penal Code, for
which the person has been punished under Section 49.09, Penal Code].
(d) The court shall
order
the ignition interlock device to remain installed for the duration of
the period of suspension [at least half of the period of supervision].
(f) A previous conviction
may not be used for purposes of restricting a person to the operation of a
motor vehicle equipped with an interlock ignition device under this section
if:
(1) the previous conviction
was a final conviction for an offense under Sections 49.04-49.08 [Section
49.04, 49.07, or 49.08], Penal Code, and was for an offense
committed more than 10 years before the instant offense for which the
person was convicted; and
(2) the person has not been
convicted of an offense under Sections
49.04-49.08 [Section 49.04,
49.07, or 49.08] of that code committed within 10 years before
the date on which the instant offense for which the person was convicted.
|
|
SECTION 13. Section
521.2461, Transportation Code, is amended to read as follows:
Sec. 521.2461. TESTING FOR
ALCOHOL OR CONTROLLED SUBSTANCES FOR PERSON ISSUED IGNITION INTERLOCK
LICENSE. The court may require a person who is issued an ignition
interlock [granting an occupational] license under this
subchapter to [may require as a condition of the license that the
person] submit to periodic testing for alcohol or controlled
substances, to be conducted by an entity specified by the court, if the
person's license has been suspended [under Chapter 524 or 724 or] as
a result of the person's conviction of an offense involving the operation
of a motor vehicle while intoxicated.
|
No
equivalent provision.
|
|
SECTION 14. The heading to
Section 521.2462, Transportation Code, is amended to read as follows:
Sec. 521.2462. SUPERVISION
OF PERSON ISSUED IGNITION INTERLOCK [OCCUPATIONAL DRIVER'S]
LICENSE.
|
No
equivalent provision.
|
|
SECTION 15. Section
521.2462(a), Transportation Code, is amended to read as follows:
(a) The court may require
a person who is issued an ignition interlock [granting an
occupational] license under this subchapter [may order the person
receiving the license] to:
(1) submit to supervision by
the local community supervision and corrections department to verify
compliance with the conditions established by the court [specified
by the order granting the license, including the conditions specified in
accordance with Section 521.248]; and
(2) pay a monthly
administrative fee under Section 76.015, Government Code.
|
No
equivalent provision.
|
|
SECTION 16. Section
521.2465, Transportation Code, is amended to read as follows:
Sec. 521.2465. ISSUANCE
OF IGNITION INTERLOCK [RESTRICTED] LICENSE.
(a) The [On
receipt of notice that a person has been restricted to the use of a motor
vehicle equipped with an ignition interlock device, the department shall
notify that person that the person's driver's license expires on the 30th
day after the date of the notice. On application by the person and payment
of a fee of $10, the] department shall issue an ignition interlock [a special
restricted] license that
authorizes the person to operate only a motor vehicle equipped with an
ignition interlock device if the person:
(1) submits an application for an ignition interlock license;
(2) except as provided by Subsection (b), pays a nonrefundable
application fee of $100;
(3) provides evidence of financial responsibility as required by
Chapter 601;
(4) provides proof to the satisfaction of the department that an
ignition interlock device has been installed on each motor vehicle owned or
operated by the person; and
(5) is otherwise eligible for the license.
(b)
If the person already has an ignition interlock license issued for a
suspension under Chapter 524 or 724, the department may extend the existing
ignition interlock license if the person pays a fee of $10. Subsection
(a)(2) does not apply to a license extended under this subsection.
(c) The department may not issue an ignition interlock license for
the operation of a commercial motor vehicle to which Chapter 522 applies.
(d) An ignition interlock license issued under this section may
contain only the restrictions or endorsements that were on the person's
driving record at the time of the arrest for the incident for which the
license was suspended, except that:
(1) in the interest of public safety, the department may, with
good cause, impose additional restrictions or require additional
endorsements on the ignition interlock license; and
(2) a license issued under this section must state on its face
that the person may operate only vehicles equipped with an ignition
interlock device.
[On
receipt of a copy of a court order removing the restriction, the department
shall issue the person a driver's license without the restriction.]
|
SECTION 7. Section 521.2465,
Transportation Code, is amended to read as follows:
Sec. 521.2465. RESTRICTED
LICENSE.
(a) On receipt of notice that a person has been restricted to the use
of a motor vehicle equipped with an ignition interlock device, the
department shall notify that person that the person's driver's license
expires on the 30th day after the date of the notice. On application by
the person and payment of a fee of $10, the department shall issue a
special restricted license that conspicuously indicates that [authorizes] the person is
authorized to operate only a motor vehicle equipped with an ignition
interlock device.
(b)
On receipt of a copy of a court order removing the restriction or at the
end of the period of suspension, as applicable, the department shall
issue the person a driver's license without the restriction.
|
|
SECTION 17. The heading to
Section 521.248, Transportation Code, is amended to read as follows:
Sec.
521.248. ORDER REQUIREMENTS FOR ISSUANCE OF OCCUPATIONAL LICENSE.
|
SECTION 8. Section 521.248,
Transportation Code, is amended by adding Subsection (d) to read as
follows:
(d) A person who is restricted to the operation of a motor vehicle
equipped with an ignition interlock device may not be subject to any time
of travel, reason for travel, or location of travel restrictions described
by Subsection (a)(1), (2), or (3) or (b).
|
|
SECTION 18. The heading to
Section 521.250, Transportation Code, is amended to read as follows:
Sec. 521.250. COURT ORDER FOR
OCCUPATIONAL LICENSE IN OPERATOR'S POSSESSION.
|
No
equivalent provision.
|
|
No
equivalent provision.
|
SECTION 9. Section 521.251,
Transportation Code, is amended by amending Subsections (c) and (d) and
adding Subsection (d-1) to read as follows:
(c) If the person's driver's
license has been suspended as a result of a conviction of an offense
under Sections 49.04-49.08 [Section 49.04, 49.07, or 49.08],
Penal Code, during the five years preceding the date of the person's
arrest, the order may not take effect before the 181st day after the
effective date of the suspension.
(d) Notwithstanding any
other provision in this section, if the person's driver's license has been
suspended as a result of a second or subsequent conviction under Sections
49.04-49.08 [Section 49.04, 49.07, or 49.08], Penal Code,
committed within five years of the date on which the most recent preceding
offense was committed, an order granting the person an occupational license
may not take effect before the first anniversary of the effective date of
the suspension.
(d-1) Notwithstanding
Subsections (b), (c), and (d), the court may issue an occupational license
to a person if the person submits proof the person has an ignition
interlock device installed on each motor vehicle owned or operated by the
person. If a person issued an occupational license under this subsection
fails to maintain an installed ignition interlock device on each motor
vehicle owned or operated by the person, the court shall revoke the
occupational license under Section 521.252 and reinstate the suspension of
the person's driver's license.
|
|
SECTION 19. Sections
521.253(a) and (c), Transportation Code, are amended to read as follows:
(a) A person who is
issued [holds] an occupational or ignition interlock
license commits an offense if the person:
(1) operates a motor vehicle
in violation of a restriction imposed on the license; or
(2) fails to have in the
person's possession:
(A) for an occupational
license granted by a court, a certified copy of the court order as
required under Section 521.250; or
(B) for an ignition
interlock license issued by the department, the ignition interlock license.
(c) On conviction of an
offense under this section:
(1) for an occupational
license, the occupational license and the order granting that license
are revoked; or
(2) for an ignition
interlock license, the department, in its sole discretion, may either
revoke the ignition interlock license or extend the suspension period and
the ignition interlock license for a period equal to the duration of the
original suspension.
|
No
equivalent provision.
|
|
SECTION 20. Sections
521.342(b) and (c), Transportation Code, are amended to read as follows:
(b) The department shall
suspend for one year the license of a person who is under 21 years of age
and is convicted of an offense under Section 49.04, 49.045, 49.07, or
49.08, Penal Code, regardless of whether the person is required to attend
an educational program under Section 13(h), Article 42.12, Code of Criminal
Procedure, that is designed to rehabilitate persons who have operated motor
vehicles while intoxicated [, unless the person is placed under
community supervision under that article and is required as a condition of
the community supervision to not operate a motor vehicle unless the vehicle
is equipped with the device described by Section 13(i) of that article].
To be accepted into the program, the person must first submit an
application to the department for and be issued an ignition interlock
license under Subchapter L. If the person is required to attend the
[such a] program and does not complete the program before the end of
the person's suspension, the department shall suspend the person's ignition
interlock license and [or] continue the suspension, as
appropriate, until the department receives proof that the person has
successfully completed the program. On the person's successful completion
of the program, the person's instructor shall give notice to the department
and to the community supervision and corrections department in the manner
provided by Section 13(h), Article 42.12, Code of Criminal Procedure.
(c) A person whose license
is suspended under Subsection (a) remains eligible to receive an ignition
interlock [occupational] license under Subchapter L. Suspension
under Subsection (a) is not a suspension for physical or mental disability
or impairment for purposes of eligibility to apply for an ignition
interlock [occupational] license under Subchapter L.
|
No
equivalent provision.
|
|
SECTION 21. Sections
521.344(a), (b), (c), (d), (e), (f), (g), and (h), Transportation Code, are
amended to read as follows:
(a) Except as provided by
Sections 521.342(b) and 521.345, and by Subsections (d)-(i), if a person is
convicted of an offense under Section 49.04, 49.045, or 49.07, Penal Code,
the license suspension:
(1) begins on a date set by
the court that is not earlier than the date of the conviction or later than
the 15th [30th] day after the date of the conviction, as
determined by the court; and
(2) continues for a period
set by the court according to the following schedule:
(A) not less than 90 days or
more than one year, if the person is punished under Section 49.04, 49.045,
or 49.07, Penal Code, except that if the person's license is suspended for
a second or subsequent offense under Section 49.07 committed within five
years of the date on which the most recent preceding offense was committed,
the suspension continues for a period of one year;
(B) not less than 180 days
or more than two years, if the person is punished under Section 49.09(a) or
(b), Penal Code; or
(C) not less than one year
or more than two years, if the person is punished under Section 49.09(a) or
(b), Penal Code, and is subject to Section 49.09(h) of that code.
(b) Except as provided by
Section 521.342(b), if a person is convicted of an offense under Section
49.08, Penal Code, the license suspension:
(1) begins on a date set by
the court that is not earlier than the date of the conviction or later than
the 15th [30th] day after the date of the conviction, as
determined by the court; and
(2) continues for a period
set by the court of not less than 180 days or more than two years, except
that if the person's license is suspended for a second or subsequent
offense under Section 49.08, Penal Code, committed within 10 years of the
date on which the most recent preceding offense was committed, the
suspension continues for a period set by the court of not less than one
year or more than two years.
(c) The court shall credit
toward the period of suspension a suspension imposed on the person for
refusal to give a specimen under Chapter 724 if the refusal followed an
arrest for the same offense for which the court is suspending the person's
license under this chapter for each day the person holds an ignition
interlock license during the period of suspension. [The court may
not extend the credit to a person:
[(1) who has been
previously convicted of an offense under Section 49.04, 49.045, 49.07, or
49.08, Penal Code; or
[(2) whose period of
suspension is governed by Section 521.342(b).]
(d) Except as provided by
Subsection (e) and Section 521.342(b), during a period of probation the
department shall [may not] revoke the person's license if the
person is required under Section 13(h) or (j), Article 42.12, Code of
Criminal Procedure, to successfully complete an educational program
designed to rehabilitate persons who have operated motor vehicles while
intoxicated [, unless the person was punished under Section 49.09(a) or
(b), Penal Code, and was subject to Section 49.09(h) of that code. The
department may not revoke the license of a person:
[(1) for whom the jury
has recommended that the license not be revoked under Section 13(g),
Article 42.12, Code of Criminal Procedure; or
[(2) who is placed under
community supervision under that article and is required as a condition of
community supervision to not operate a motor vehicle unless the vehicle is
equipped with the device described by Section 13(i) of that article, unless
the person was punished under Section 49.09(a) or (b), Penal Code, and was
subject to Section 49.09(g) of that code]. To be accepted into the
program, the person must first submit an application to the department for
and be issued an ignition interlock license under Subchapter L. If the
person is required to attend the program and does not complete the program
before the end of the person's suspension, the department shall suspend the
person's ignition interlock license and continue the suspension, as
appropriate, until the department receives proof that the person has
successfully completed the program. On the person's successful completion
of the program, the person's instructor shall give notice to the department
and to the community supervision and corrections department in the manner
provided by Section 13(h), Article 42.12, Code of Criminal Procedure.
(e) After the date has
passed, according to department records, for successful completion of the
educational program designed to rehabilitate persons who operated motor
vehicles while intoxicated, if a person has not successfully completed
the program, the director, at the director's sole discretion,
shall either revoke the ignition interlock license or
extend the suspension period and the ignition interlock license until the
person successfully completes the program [of a person who does not
successfully complete the program] or, if the person is a resident
without a license to operate a motor vehicle in this state, shall issue an
order prohibiting the person from obtaining a license.
(f) After the date has
passed, according to department records, for successful completion of an
educational program for repeat offenders as required by Section 13, Article
42.12, Code of Criminal Procedure, if a person has not successfully
completed the program, the director, at the director's sole
discretion, shall either suspend the ignition interlock
license or extend the suspension period and the ignition interlock
license until the person successfully completes the program [of a
person who does not successfully complete the program] or, if the
person is a resident without a license, shall issue an order prohibiting
the person from obtaining a license.
(g) A revocation,
suspension, extension, or prohibition [order] under
Subsection (e) or (f) remains in effect until the department receives
notice of successful completion of the educational program. The director
shall promptly send notice of a revocation, extension, or
prohibition [order] issued under Subsection (e) or (f) by first
class mail to the person at the person's most recent address as shown in
the records of the department. The notice must include the date of the
revocation, extension, or prohibition [order], the reason for
the revocation, extension, or prohibition, and a statement that the
person has the right to request in writing that a hearing be held on the
revocation, extension, or prohibition. Notice is considered
received on the fifth day after the date the notice is mailed. A
revocation, extension, or prohibition under Subsection (e) or (f)
takes effect on the 30th day after the date the notice is mailed. The
person may request a hearing not later than the 20th day after the date the
notice is mailed. If the department receives a request under this
subsection, the department shall set the hearing for the earliest practical
time and the revocation, extension, or prohibition does not take
effect until resolution of the hearing.
(h) The hearing shall be
held in a municipal or justice court in the county of the person's
residence in the manner provided for a suspension hearing under Subchapter
N. The issues to be determined at the hearing are whether the person has
successfully completed a required educational program and whether the
period for completion of the program has passed. If the presiding officer
determines that the educational program has not been completed and the
period for completion has passed, the officer shall confirm the revocation,
extension, or prohibition and shall notify the department of that
fact. The director may not revoke, extend, or prohibit the license
if the officer finds that the program has been completed, that, before the
hearing, the court that originally imposed the requirement to attend an
educational program has granted an extension that has not expired, or that
the period for completion has not passed. If the person or the person's
agent fails to appear at the hearing, the department shall revoke the
person's license until the department receives notice of successful
completion of the educational program.
|
No
equivalent provision.
|
|
SECTION 22. Section
521.421(d), Transportation Code, is amended to read as follows:
(d) The fee for issuance or
renewal of an occupational or ignition interlock license is $25
[$10].
|
No
equivalent provision.
|
|
SECTION 23. Section 524.011(f),
Transportation Code, is amended to read as follows:
(f) A temporary driving
permit issued under this section expires on the 15th [41st]
day after the date of issuance. If the person was driving a commercial
motor vehicle, as defined by Section 522.003, a temporary driving permit
that authorizes the person to drive a commercial motor vehicle is not
effective until 24 hours after the time of arrest.
|
No
equivalent provision.
|
|
SECTION 24. Section 524.014,
Transportation Code, is amended to read as follows:
Sec. 524.014. NOTICE OF
SUSPENSION. A notice of suspension under Section 524.013 must state:
(1) the reason and statutory
grounds for the suspension;
(2) the effective date of
the suspension;
(3) the right of the person
to a hearing;
(4) how to request a
hearing; [and]
(5) the period in which the
person must request a hearing; and
(6) that if the person
applies to the department for issuance of an ignition interlock license
under Subchapter L, Chapter 521, the person waives the right to a hearing
under Section 724.041.
|
No
equivalent provision.
|
|
SECTION 25. Section
524.021(a), Transportation Code, is amended to read as follows:
(a) A driver's license
suspension under this chapter takes effect on the 15th [40th]
day after the date the person:
(1) receives a notice of
suspension under Section 524.011; or
(2) is presumed to have
received notice of suspension under Section 524.013.
|
No
equivalent provision.
|
|
SECTION 26. Section 524.031,
Transportation Code, is amended to read as follows:
Sec. 524.031. HEARING
REQUEST. (a) If, not later than the 15th day after the date on
which the person receives notice of suspension under Section 524.011 or is
presumed to have received notice under Section 524.013, the department
receives at its headquarters in Austin, in writing, including a facsimile
transmission, or by another manner prescribed by the department, a request
that a hearing be held, a hearing shall be held as provided by this
subchapter.
(b) If the person applies
for an ignition interlock license under Subchapter L, Chapter 521, during
the first 15 days following the date of the notice of suspension, the
person waives the right to a hearing under this section.
|
No
equivalent provision.
|
|
SECTION 27. Section 724.001,
Transportation Code, is amended by adding Subdivision (13) to read as
follows:
(13) "Ignition
interlock license" means an ignition interlock license issued by the
department under Subchapter L, Chapter 521.
|
No
equivalent provision.
|
|
SECTION 28. Section
724.032(e), Transportation Code, is amended to read as follows:
(e) A temporary driving
permit issued under this section expires on the 15th [41st]
day after the date of issuance. If the person was driving a commercial
motor vehicle, as defined by Section 522.003, a temporary driving permit
that authorizes the person to drive a commercial motor vehicle is not
effective until 24 hours after the time of arrest.
|
No
equivalent provision.
|
|
SECTION 29. Section 724.034,
Transportation Code, is amended to read as follows:
Sec. 724.034. CONTENTS OF
NOTICE OF SUSPENSION OR DENIAL OF LICENSE. A notice of suspension or
denial of a license must state:
(1) the reason and statutory
grounds for the action;
(2) the effective date of
the suspension or denial;
(3) the right of the person to
a hearing;
(4) how to request a
hearing; [and]
(5) the period in which a
request for a hearing must be received by the department; and
(6) that if the person
applies for and is issued an ignition interlock license during the period
described by Subdivision (5), the person waives the right to a hearing
under Section 724.041.
|
No
equivalent provision.
|
|
SECTION 30. Section
724.035(c), Transportation Code, is amended to read as follows:
(c) A suspension or denial
takes effect on the 15th [40th] day after the date on which
the person:
(1) receives notice of
suspension or denial under Section 724.032(a); or
(2) is considered to have
received notice of suspension or denial under Section 724.033.
|
No
equivalent provision.
|
|
SECTION 31. Section 724.044,
Transportation Code, is amended to read as follows:
Sec. 724.044. WAIVER OF
RIGHT TO HEARING. A person waives the right to a hearing under this
subchapter and the department's suspension or denial is final and may not
be appealed if the person:
(1) fails to request a
hearing under Section 724.041; [or]
(2) requests a hearing and
fails to appear, without good cause; or
(3) during the period
specified by Section 724.034(5), applies for issuance of an ignition
interlock license.
|
No
equivalent provision.
|
|
SECTION 32. The following
provisions of the Transportation Code are repealed:
(1) Sections 521.245(e) and
(g); and
(2) Section 521.251.
|
No
equivalent provision.
|
|
SECTION 33. The change in
law made by this Act applies only to an
offense committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed 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 section, an offense was
committed before the effective date of this Act if any element of the
offense was committed before that date.
|
SECTION 10. The change in
law made by this Act applies only to a
person whose driver's license is suspended on or after the effective date
of this Act, regardless of whether the underlying incident giving rise to
the suspension occurred before, on, or after that date.
|
|
SECTION 34. This Act takes
effect September 1, 2015.
|
SECTION 11. Same as
introduced version.
|
|