Texas 2009 - 81st Regular

Texas Senate Bill SB1177 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3413 JD-D
2	2	By: Patrick, Dan S.B. No. 1177
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the suspension of the driver's license of a person
8	8	arrested for an offense involving the operation of a motor vehicle
9	9	while intoxicated or under the influence of alcohol.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 524, Transportation Code, is repealed.
12	12	SECTION 2. Article 55.06, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 55.06. LICENSE SUSPENSIONS AND REVOCATIONS. Records
15	15	relating to the suspension or revocation of a driver's license,
16	16	permit, or privilege to operate a motor vehicle may not be expunged
17	17	under this chapter except as provided in Section 724.048 [524.015],
18	18	Transportation Code[, or Section 724.048 of that code].
19	19	SECTION 3. Section 54.042(h), Family Code, is amended to
20	20	read as follows:
21	21	(h) If a child is adjudicated for conduct that violates
22	22	Section 49.04, 49.07, or 49.08, Penal Code, and if any conduct on
23	23	which that adjudication is based is a ground for a driver's license
24	24	suspension under Chapter [524 or] 724, Transportation Code, each of
25	25	the suspensions shall be imposed. The court imposing a driver's
26	26	license suspension under this section shall credit a period of
27	27	suspension imposed under Chapter [524 or] 724, Transportation Code,
28	28	toward the period of suspension required under this section, except
29	29	that if the child was previously adjudicated for conduct that
30	30	violates Section 49.04, 49.07, or 49.08, Penal Code, credit may not
31	31	be given.
32	32	SECTION 4. Section 75.014(e), Government Code, is amended
33	33	to read as follows:
34	34	(e) The County Courts at Law No. 6 and No. 7 of El Paso
35	35	County, Texas, are designated as criminal misdemeanor courts.
36	36	Courts designated as criminal misdemeanor courts shall give
37	37	preference to and have primary responsibility for:
38	38	(1) criminal misdemeanor cases;
39	39	(2) appeals or petitions under Section 501.052,
40	40	521.242, or 521.302[, or 524.041], Transportation Code;
41	41	(3) misdemeanor bail bond and personal bond forfeiture
42	42	cases; and
43	43	(4) appeals de novo from the municipal and justice
44	44	courts.
45	45	SECTION 5. Sections 521.245(a) and (e), Transportation
46	46	Code, are amended to read as follows:
47	47	(a) If the petitioner's license has been suspended under
48	48	Chapter [524 or] 724, the court shall require the petitioner to
49	49	attend a program approved by the court that is designed to provide
50	50	counseling and rehabilitation services to persons for alcohol
51	51	dependence. This requirement shall be stated in the order granting
52	52	the occupational license.
53	53	(e) On receipt of the copy under Subsection (d), the
54	54	department shall suspend the person's occupational license for[:
55	55	[(1) 60 days, if the original driver's license
56	56	suspension was under Chapter 524; or
57	57	[(2)] 120 days[, if the original driver's license
58	58	suspension was under Chapter 724].
59	59	SECTION 6. Sections 521.251(a) and (e), Transportation
60	60	Code, are amended to read as follows:
61	61	(a) If a person's license is suspended under Chapter [524
62	62	or] 724 and the person has not had a prior suspension arising from
63	63	an alcohol-related or drug-related enforcement contact in the five
64	64	years preceding the date of the person's arrest, an order under this
65	65	subchapter granting the person an occupational license takes effect
66	66	immediately. However, the court shall order the person to comply
67	67	with the counseling and rehabilitation program required under
68	68	Section 521.245.
69	69	(e) For the purposes of this section, "alcohol-related or
70	70	drug-related enforcement contact" has the meaning assigned by
71	71	Section 724.035 [524.001].
72	72	SECTION 7. Sections 522.081(b) and (c), Transportation
73	73	Code, are amended to read as follows:
74	74	(b) This subsection applies to a violation committed while
75	75	operating any motor vehicle, including a commercial motor vehicle,
76	76	except as provided by this subsection. A person who holds a
77	77	commercial driver's license is disqualified from driving a
78	78	commercial motor vehicle for one year:
79	79	(1) if convicted of three violations of a law that
80	80	regulates the operation of a motor vehicle at a railroad grade
81	81	crossing that occur within a three-year period;
82	82	(2) on first conviction of:
83	83	(A) driving a motor vehicle under the influence
84	84	of alcohol or a controlled substance, including a violation of
85	85	Section 49.04 or 49.07, Penal Code;
86	86	(B) leaving the scene of an accident involving a
87	87	motor vehicle driven by the person;
88	88	(C) using a motor vehicle in the commission of a
89	89	felony, other than a felony described by Subsection (d)(2);
90	90	(D) causing the death of another person through
91	91	the negligent or criminal operation of a motor vehicle; or
92	92	(E) driving a commercial motor vehicle while the
93	93	person's commercial driver's license is revoked, suspended, or
94	94	canceled, or while the person is disqualified from driving a
95	95	commercial motor vehicle, for an action or conduct that occurred
96	96	while operating a commercial motor vehicle;
97	97	(3) for refusing to submit to a test under Chapter 724
98	98	to determine the person's alcohol concentration or the presence in
99	99	the person's body of a controlled substance or drug while operating
100	100	a motor vehicle in a public place; or
101	101	(4) if an analysis of the person's blood, breath, or
102	102	urine under this chapter or Chapter [522, 524, or] 724 determines
103	103	that the person:
104	104	(A) had an alcohol concentration of 0.04 or more,
105	105	or that a controlled substance or drug was present in the person's
106	106	body, while operating a commercial motor vehicle in a public place;
107	107	or
108	108	(B) had an alcohol concentration of 0.08 or more
109	109	while operating a motor vehicle, other than a commercial motor
110	110	vehicle, in a public place.
111	111	(c) A person who holds a commercial driver's license is
112	112	disqualified from operating a commercial motor vehicle for three
113	113	years if:
114	114	(1) the person:
115	115	(A) is convicted of an offense listed in
116	116	Subsection (b)(2) and the vehicle being operated by the person was
117	117	transporting a hazardous material required to be placarded; or
118	118	(B) refuses to submit to a test under Chapter 724
119	119	to determine the person's alcohol concentration or the presence in
120	120	the person's body of a controlled substance or drug while operating
121	121	a motor vehicle in a public place and the vehicle being operated by
122	122	the person was transporting a hazardous material required to be
123	123	placarded; or
124	124	(2) an analysis of the person's blood, breath, or urine
125	125	under this chapter or Chapter [522, 524, or] 724 determines that
126	126	while transporting a hazardous material required to be placarded
127	127	the person:
128	128	(A) while operating a commercial motor vehicle in
129	129	a public place had an alcohol concentration of 0.04 or more, or a
130	130	controlled substance or drug present in the person's body; or
131	131	(B) while operating a motor vehicle, other than a
132	132	commercial motor vehicle, in a public place had an alcohol
133	133	concentration of 0.08 or more.
134	134	SECTION 8. Section 522.092, Transportation Code, is amended
135	135	to read as follows:
136	136	Sec. 522.092. SUSPENSION, REVOCATION, CANCELLATION, OR
137	137	DENIAL OF DRIVER'S LICENSE UNDER OTHER LAWS. A person subject to
138	138	disqualification under this chapter may also have the person's
139	139	driver's license suspended, revoked, canceled, or denied under one
140	140	or more of the following, if the conduct that is a ground for
141	141	disqualification is also a ground for the suspension, revocation,
142	142	cancellation, or denial of a driver's license suspension under:
143	143	(1) Chapter 521;
144	144	(2) [Chapter 524;
145	145	[(3)] Chapter 601; or
146	146	(3) [(4)] Chapter 724.
147	147	SECTION 9. Sections 522.105(b) and (d), Transportation
148	148	Code, are amended to read as follows:
149	149	(b) Except as provided by Subsection (c), the procedure for
150	150	notice and disqualification under this section is that specified by
151	151	Subchapters C and D, Chapter 724[, or Chapter 524].
152	152	(d) An appeal of a disqualification under this section is
153	153	subject to Sections 724.101-724.104 [524.041-524.044].
154	154	SECTION 10. Section 724.035, Transportation Code, is
155	155	amended by amending Subsections (a) and (b) and adding Subsection
156	156	(d) to read as follows:
157	157	(a) If a person refuses the request of a peace officer to
158	158	submit to the taking of a specimen, the department shall:
159	159	(1) suspend the person's license to operate a motor
160	160	vehicle on a public highway for one year [180 days]; or
161	161	(2) if the person is a resident without a license,
162	162	issue an order denying the issuance of a license to the person for
163	163	one year [180 days].
164	164	(b) The period of suspension or denial is two years if the
165	165	person's driving record shows one or more alcohol-related or
166	166	drug-related enforcement contacts[, as defined by Section
167	167	524.001(3),] during the 10 years preceding the date of the person's
168	168	arrest.
169	169	(d) In this chapter, "alcohol-related or drug-related
170	170	enforcement contact" means a driver's license suspension,
171	171	disqualification, or prohibition order under the laws of this state
172	172	or another state resulting from:
173	173	(1) a conviction of an offense prohibiting the
174	174	operation of a motor vehicle while:
175	175	(A) intoxicated;
176	176	(B) under the influence of alcohol; or
177	177	(C) under the influence of a controlled
178	178	substance;
179	179	(2) a refusal to submit to the taking of a breath or
180	180	blood specimen following an arrest for an offense prohibiting the
181	181	operation of a motor vehicle while:
182	182	(A) intoxicated;
183	183	(B) under the influence of alcohol; or
184	184	(C) under the influence of a controlled
185	185	substance; or
186	186	(3) an analysis of a breath or blood specimen showing
187	187	an alcohol concentration of a level specified by Section 49.01,
188	188	Penal Code, following an arrest for an offense prohibiting the
189	189	operation of a motor vehicle while intoxicated.
190	190	SECTION 11. Section 724.041(g), Transportation Code, is
191	191	amended to read as follows:
192	192	(g) An administrative hearing under this section is
193	193	governed by Subchapter D [Sections 524.032(b) and (c), 524.035(e),
194	194	524.037(a), and 524.040].
195	195	SECTION 12. Section 724.047, Transportation Code, is
196	196	amended to read as follows:
197	197	Sec. 724.047. APPEAL. Subchapter F [Chapter 524] governs an
198	198	appeal from an action of the department, following an
199	199	administrative hearing under this subchapter [chapter], in
200	200	suspending or denying the issuance of a license.
201	201	SECTION 13. Chapter 724, Transportation Code, is amended by
202	202	adding Subchapter F to read as follows:
203	203	SUBCHAPTER F. APPEAL
204	204	Sec. 724.101. APPEAL FROM ADMINISTRATIVE HEARING. (a) A
205	205	person whose driver's license suspension is sustained may appeal
206	206	the decision by filing a petition not later than the 30th day after
207	207	the date the administrative law judge's decision is final. The
208	208	administrative law judge's final decision is immediately
209	209	appealable without the requirement of a motion for rehearing.
210	210	(b) A petition under Subsection (a) must be filed in a
211	211	county court at law in the county in which the person was arrested
212	212	or, if there is not a county court at law in the county, in the
213	213	county court. If the county judge is not a licensed attorney, the
214	214	county judge shall transfer the case to a district court for the
215	215	county on the motion of either party or of the judge.
216	216	(c) A person who files an appeal under this section shall
217	217	send a copy of the petition by certified mail to the department and
218	218	to the State Office of Administrative Hearings at each agency's
219	219	headquarters in Austin. The copy must be certified by the clerk of
220	220	the court in which the petition is filed.
221	221	(d) The department's right to appeal is limited to issues of
222	222	law.
223	223	(e) A district or county attorney may represent the
224	224	department in an appeal.
225	225	Sec. 724.102. STAY OF SUSPENSION ON APPEAL. (a) A
226	226	suspension of a driver's license under Subchapter C is stayed on the
227	227	filing of an appeal petition only if:
228	228	(1) the person's driver's license has not been
229	229	suspended as a result of an alcohol-related or drug-related
230	230	enforcement contact during the five years preceding the date of the
231	231	person's arrest; and
232	232	(2) the person has not been convicted during the 10
233	233	years preceding the date of the person's arrest of an offense under:
234	234	(A) Article 6701l-1, Revised Statutes, as that
235	235	law existed before September 1, 1994;
236	236	(B) Section 19.05(a)(2), Penal Code, as that law
237	237	existed before September 1, 1994;
238	238	(C) Section 49.04, 49.045, or 49.05, Penal Code;
239	239	(D) Section 49.07 or 49.08, Penal Code, if the
240	240	offense involved the operation of a motor vehicle; or
241	241	(E) Section 106.041, Alcoholic Beverage Code.
242	242	(b) A stay under this section is effective for not more than
243	243	90 days after the date the appeal petition is filed. On the
244	244	expiration of the stay, the department shall impose the suspension.
245	245	The department or court may not grant an extension of the stay or an
246	246	additional stay.
247	247	Sec. 724.103. REVIEW; ADDITIONAL EVIDENCE. (a) Review on
248	248	appeal is on the record certified by the State Office of
249	249	Administrative Hearings with no additional testimony.
250	250	(b) On appeal, a party may apply to the court to present
251	251	additional evidence. If the court is satisfied that the additional
252	252	evidence is material and that there were good reasons for the
253	253	failure to present it in the proceeding before the administrative
254	254	law judge, the court may order that the additional evidence be taken
255	255	before an administrative law judge on conditions determined by the
256	256	court.
257	257	(c) There is no right to a jury trial in an appeal under this
258	258	section.
259	259	(d) An administrative law judge may change a finding or
260	260	decision as to whether the person had an alcohol concentration of a
261	261	level specified in Section 49.01, Penal Code, or whether a minor had
262	262	any detectable amount of alcohol in the minor's system because of
263	263	the additional evidence and shall file the additional evidence and
264	264	any changes, new findings, or decisions with the reviewing court.
265	265	(e) A remand under this section does not stay the suspension
266	266	of a driver's license.
267	267	Sec. 724.104. TRANSCRIPT OF ADMINISTRATIVE HEARING. (a)
268	268	To obtain a transcript of an administrative hearing, the party who
269	269	appeals the administrative law judge's decision must apply to the
270	270	State Office of Administrative Hearings.
271	271	(b) On payment of a fee not to exceed the actual cost of
272	272	preparing the transcript, the State Office of Administrative
273	273	Hearings shall promptly furnish both parties with a transcript of
274	274	the administrative hearing.
275	275	SECTION 14. The change in law made by this Act applies only
276	276	to a person arrested for an offense committed on or after the
277	277	effective date of this Act. A person arrested for an offense
278	278	committed before the effective date of this Act is covered by the
279	279	law in effect when the offense was committed, and the former law is
280	280	continued in effect for that purpose. For purposes of this section,
281	281	an offense was committed before the effective date of this Act if
282	282	any element of the offense occurred before that date.
283	283	SECTION 15. This Act takes effect September 1, 2009.