By: Guillen (Senate Sponsor - LaMantia) H.B. No. 3647

(In the Senate - Received from the House April 24, 2023; April 25, 2023, read first time and referred to Committee on State Affairs; May 10, 2023, reported favorably by the following vote: Yeas 11, Nays 0; May 10, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the imposition by the Department of Public Safety of administrative and civil consequences for certain criminal convictions.

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

SECTION 1. Section 521.042, Transportation Code, is amended by adding Subsections (f) and (g) to read as follows:

(f) Except as provided by Subsection (g), the department may not consider a record of a conviction of a license holder that is received by the department after the first anniversary of the date of the conviction in a decision to impose an enforcement action against the license holder, including a decision to suspend, revoke, or deny renewal of the license holder's driver's license.

(g) The department may consider a record of a conviction of a license holder that is received by the department after the first anniversary of the date of the conviction in a decision to impose an enforcement action against the license holder if:

(1) the license holder:

(A) is a commercial driver's license holder or was a commercial driver's license holder at the time of the offense;

(B) was operating a commercial motor vehicle at the time of the offense; or

(C) was operating a motor vehicle and transporting a hazardous material at the time of the offense; or

(2) the conviction is for an offense under Chapter 49, Penal Code.

SECTION 2. This Act takes effect September 1, 2023.

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