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A BILL TO BE ENTITLED
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AN ACT
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relating to suspension of a driver's license for persons convicted |
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of certain offenses and the educational program required for |
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reinstatement of a license following certain convictions; |
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authorizing a fine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0179 to read as |
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follows: |
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Art. 102.0179. FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED |
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SUBSTANCE ACT CONVICTIONS. (a) In this article, "convicted" |
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includes an adjudication under juvenile proceedings. |
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(b) In addition to any other fees and fines imposed under |
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this subchapter, a defendant convicted of an offense described by |
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Section 521.372(a), Transportation Code, shall pay a fine in an |
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amount that is equivalent to the sum of all fees applicable to a |
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suspension and reinstatement of a driver's license under Chapter |
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521, Transportation Code. The Department of Public Safety shall |
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annually calculate and make available the amount of the fine |
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described by this subsection. |
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(c) The court shall waive imposition of a fine under this |
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article if the defendant's driver's license is suspended under |
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Section 521.3725(c), Transportation Code, or under another |
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provision of that code as a result of the conviction of: |
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(1) an offense described by Section 521.372(a), |
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Transportation Code; or |
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(2) another offense arising from the same criminal |
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episode. |
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(d) A fine imposed under this article is due regardless of |
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whether the defendant is granted community supervision in the case. |
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The court shall collect the fine under this article in the same |
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manner as court costs are collected in the case. |
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(e) A fine collected under this article shall be deposited |
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to the credit of the Texas mobility fund. |
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SECTION 2. Section 521.372(c), Transportation Code, is |
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amended to read as follows: |
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(c) Except as provided by Section 521.374(b), the period of |
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suspension under this section is the 90 [180] days after the date of |
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a final conviction, and the period of license denial is the 90 [180] |
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days after the date the person applies to the department for |
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reinstatement or issuance of a driver's license. |
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SECTION 3. Subchapter P, Chapter 521, Transportation Code, |
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is amended by adding Section 521.3725 to read as follows: |
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Sec. 521.3725. DISCRETIONARY LICENSE SUSPENSION. |
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(a) This section applies only to a person: |
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(1) who is convicted of an offense described by |
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Section 521.372(a); and |
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(2) whose driver's license is not subject to |
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suspension for: |
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(A) the offense described by Section 521.372(a) |
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under a provision other than Section 521.372; or |
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(B) another offense arising from the same |
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criminal episode. |
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(b) A person described by Subsection (a) of this section is |
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not subject to automatic license suspension under Section 521.372, |
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notwithstanding Subsection (a) of that section. |
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(c) A court may order the department to suspend the license |
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of a person described by Subsection (a) if the court determines that |
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suspending the person's license is in the interest of public |
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safety. The court must make the determination in writing and |
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include a justification for the determination. |
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(d) A person whose license is suspended under Subsection (c) |
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is subject to the same fees and other conditions as a person whose |
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license is automatically suspended under Section 521.372. |
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SECTION 4. Section 521.374(a), Transportation Code, as |
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amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B. |
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642), Acts of the 84th Legislature, Regular Session, 2015, is |
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reenacted and amended to read as follows: |
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(a) A person whose license is suspended under Section |
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521.372 may: |
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(1) successfully complete [attend] an in-person or |
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online educational program, approved by the Texas Department of |
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Licensing and Regulation [Department of State Health Services] |
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under rules adopted by the Texas Commission of Licensing and |
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Regulation [executive commissioner of the Health and Human Services |
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Commission] and the department, that is designed to educate persons |
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on the dangers of drug abuse; or |
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(2) successfully complete education on the dangers of |
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drug abuse approved by the Department of State Health Services as |
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equivalent to the educational program described by Subdivision (1), |
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while the person is a resident of a facility for the treatment of |
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drug abuse or chemical dependency, including: |
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(A) a substance abuse treatment facility or |
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substance abuse felony punishment facility operated by the Texas |
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Department of Criminal Justice under Section 493.009, Government |
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Code; |
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(B) a community corrections facility, as defined |
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by Section 509.001, Government Code; or |
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(C) a chemical dependency treatment facility |
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licensed under Chapter 464, Health and Safety Code. |
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SECTION 5. Section 521.374, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The period of suspension or prohibition under Section |
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521.372(c) continues for an indefinite period until the individual |
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successfully completes the in-person or online educational program |
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under Subsection (a)(1) or is released from the residential |
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treatment facility at which the individual successfully completed |
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equivalent education under Subsection (a)(2), as applicable. |
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(c) The department shall provide to a person whose license |
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is suspended under this subchapter a list of providers of |
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educational programs under Subsection (a)(1). |
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SECTION 6. Section 521.375, Transportation Code, as amended |
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by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted and amended to |
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read as follows: |
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Sec. 521.375. JOINT ADOPTION OF RULES. (a) The Texas |
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Commission of Licensing and Regulation and the department shall |
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jointly adopt rules for the qualification and approval of providers |
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of in-person and online educational programs under Section |
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521.374(a)(1) [521.374]. |
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(a-1) The executive commissioner of the Health and Human |
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Services Commission and the department shall jointly adopt rules |
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for the qualification and approval of[: |
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[(1) providers of educational programs under Section |
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521.374(a)(1); and |
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[(2)] equivalent education provided in a residential |
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treatment facility described by Section 521.374(a)(2). |
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(b) The Texas Department of Licensing and Regulation shall |
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publish the jointly adopted rules under Subsection (a). |
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(c) The Department of State Health Services shall publish |
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the jointly adopted rules under Subsection (a-1). |
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SECTION 7. Section 521.376, Transportation Code, as amended |
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by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted and amended to |
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read as follows: |
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Sec. 521.376. DUTIES OF TEXAS DEPARTMENT OF LICENSING AND |
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REGULATION AND DEPARTMENT OF STATE HEALTH SERVICES; APPLICATION AND |
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RENEWAL FEES. (a) The Texas Department of Licensing and |
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Regulation: |
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(1) shall monitor, coordinate, and provide training to |
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persons who provide in-person and online educational programs under |
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Section 521.374(a)(1) [521.374]; |
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(2) shall administer the approval of those in-person |
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and online educational programs; and |
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(3) may charge a nonrefundable application fee to the |
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provider of an in-person or online educational program under |
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Section 521.374(a)(1) for: |
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(A) initial certification of approval; and |
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(B) renewal of the certification. |
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(b) The Department of State Health Services: |
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(1) shall monitor, coordinate, and provide training |
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to[: |
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[(A) persons who provide educational programs |
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under Section 521.374(a)(1); and |
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[(B)] residential treatment facilities described |
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by Section 521.374(a)(2) providing equivalent education; and |
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(2) shall administer the approval of the [educational |
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programs and the] equivalent education provided in a residential |
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treatment facility[; and |
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[(3) may charge a nonrefundable application fee to the |
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provider of an educational program under Section 521.374(a)(1) for: |
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[(A) initial certification of approval; and |
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[(B) renewal of the certification]. |
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SECTION 8. Not later than September 1, 2022, the Texas |
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Commission of Licensing and Regulation and the Texas Department of |
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Motor Vehicles shall adopt rules to implement Sections 521.374, |
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521.375, and 521.376, Transportation Code, as amended by this Act. |
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SECTION 9. (a) Except as otherwise provided by this |
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section, this Act takes effect September 1, 2021. |
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(b) Article 102.0179, Code of Criminal Procedure, and |
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Section 521.3725, Transportation Code, as added by this Act, take |
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effect on the 91st day after the date the office of the attorney |
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general publishes in the Texas Register a finding that: |
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(1) the legislature of this state has adopted a |
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resolution expressing the legislature's opposition to a law meeting |
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the requirements of 23 U.S.C. Section 159 in suspending, revoking, |
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or denying the driver's license of a person convicted of a drug |
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offense for a period of six months; |
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(2) the governor has submitted to the United States |
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secretary of transportation: |
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(A) a written certification of the governor's |
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opposition to the enactment or enforcement of a law required under |
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23 U.S.C. Section 159; and |
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(B) a written certification that the legislature |
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has adopted the resolution described by Subdivision (1) of this |
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subsection; and |
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(3) the United States secretary of transportation has |
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responded to the governor's submission and certified that highway |
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funds will not be withheld from this state in response to the |
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modification or full or partial repeal of the law required under 23 |
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U.S.C. Section 159. |
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(c) On the 180th day after the date described in Subsection |
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(b) of this section, the Department of Public Safety shall |
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reinstate any driver's license that: |
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(1) was suspended under Section 521.372, |
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Transportation Code, before the date described by Subsection (b) of |
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this section; and |
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(2) remains subject to suspension under that section |
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on the 180th day after the date described in Subsection (b) of this |
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section. |