|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the suspension and issuance of certain driver's |
|
licenses; affecting the prosecution of an offense; increasing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
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. |
|
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. |
|
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] |
|
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. |
|
SECTION 5. The heading to Section 521.242, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 521.242. PETITION FOR OCCUPATIONAL LICENSE. |
|
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. |
|
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 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. |
|
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. |
|
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. |
|
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. |
|
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 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. |
|
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. |
|
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. |
|
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 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 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. |
|
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. |
|
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. |
|
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. |
|
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]. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
SECTION 32. The following provisions of the Transportation |
|
Code are repealed: |
|
(1) Sections 521.245(e) and (g); and |
|
(2) Section 521.251. |
|
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 34. This Act takes effect September 1, 2015. |