By: Carona S.B. No. 328
A BILL TO BE ENTITLED
AN ACT
relating to the civil and criminal consequences of operating a
motor vehicle or a watercraft while intoxicated or under the
influence of alcohol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 106.041, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE
INFLUENCE OF ALCOHOL BY MINOR.
SECTION 2. Subsections (a) and (g), Section 106.041,
Alcoholic Beverage Code, are amended to read as follows:
(a) A minor commits an offense if the minor operates a motor
vehicle in a public place, or a watercraft, while having any
detectable amount of alcohol in the minor's system.
(g) An offense under this section is not a lesser included
offense under Section 49.04, 49.045, or 49.06, Penal Code.
SECTION 3. Subsection (j), Section 106.041, Alcoholic
Beverage Code, is amended by adding Subdivision (4) to read as
follows:
(4) "Watercraft" has the meaning assigned by Section
49.01, Penal Code.
SECTION 4. Subdivision (3), Section 524.001,
Transportation Code, is amended to read as follows:
(3) "Alcohol-related or drug-related enforcement
contact" means a driver's license suspension, disqualification, or
prohibition order under the laws of this state or another state
resulting from:
(A) a conviction of an offense prohibiting the
operation of a motor vehicle or watercraft while:
(i) intoxicated;
(ii) under the influence of alcohol; or
(iii) under the influence of a controlled
substance;
(B) a refusal to submit to the taking of a breath
or blood specimen following an arrest for an offense prohibiting
the operation of a motor vehicle or an offense prohibiting the
operation of a watercraft, if the watercraft was powered with an
engine having a manufacturer's rating of 50 horsepower or more,
while:
(i) intoxicated;
(ii) under the influence of alcohol; or
(iii) under the influence of a controlled
substance; or
(C) an analysis of a breath or blood specimen
showing an alcohol concentration of a level specified by Section
49.01, Penal Code, following an arrest for an offense prohibiting
the operation of a motor vehicle or watercraft while intoxicated.
SECTION 5. Subsection (a), Section 524.011, Transportation
Code, is amended to read as follows:
(a) An officer arresting a person shall comply with
Subsection (b) if:
(1) the person is arrested for an offense under
Section 49.04, 49.045, or 49.06, Penal Code, or an offense under
Section 49.07 or 49.08 of that code involving the operation of a
motor vehicle or watercraft, submits to the taking of a specimen of
breath or blood and an analysis of the specimen shows the person had
an alcohol concentration of a level specified by Section
49.01(2)(B), Penal Code; or
(2) the person is a minor arrested for an offense under
Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045,
or 49.06, Penal Code, or an offense under Section 49.07 or 49.08,
Penal Code, involving the operation of a motor vehicle or
watercraft and:
(A) the minor is not requested to submit to the
taking of a specimen; or
(B) the minor submits to the taking of a specimen
and an analysis of the specimen shows that the minor had an alcohol
concentration of greater than .00 but less than the level specified
by Section 49.01(2)(B), Penal Code.
SECTION 6. Subsection (b), Section 524.012, Transportation
Code, is amended to read as follows:
(b) The department shall suspend the person's driver's
license if the department determines that:
(1) the person had an alcohol concentration of a level
specified by Section 49.01(2)(B), Penal Code, while operating a
motor vehicle in a public place or while operating a watercraft; or
(2) the person was [is] a minor on the date that the
breath or blood specimen was obtained and had any detectable amount
of alcohol in the minor's system while operating a motor vehicle in
a public place or while operating a watercraft.
SECTION 7. Subsection (b), Section 524.015, Transportation
Code, is amended to read as follows:
(b) A suspension may not be imposed under this chapter on a
person who is acquitted of a criminal charge under Section 49.04,
49.045, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041,
Alcoholic Beverage Code, arising from the occurrence that was the
basis for the suspension. If a suspension was imposed before the
acquittal, the department shall rescind the suspension and shall
remove any reference to the suspension from the person's
computerized driving record.
SECTION 8. Subsection (b), Section 524.022, Transportation
Code, is amended to read as follows:
(b) A period of suspension under this chapter for a minor
is:
(1) 60 days if the minor has not been previously
convicted of an offense under Section 106.041, Alcoholic Beverage
Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense
under Section 49.07 or 49.08, Penal Code, involving the operation
of a motor vehicle or a watercraft;
(2) 120 days if the minor has been previously
convicted once of an offense listed by Subdivision (1); or
(3) 180 days if the minor has been previously
convicted twice or more of an offense listed by Subdivision (1).
SECTION 9. Section 524.023, Transportation Code, is amended
to read as follows:
Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
(a) If a person is convicted of an offense under Section 106.041,
Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.07, or
49.08, Penal Code, and if any conduct on which that conviction is
based is a ground for a driver's license suspension under this
chapter and Section 106.041, Alcoholic Beverage Code, Subchapter O,
Chapter 521, or Subchapter H, Chapter 522, each of the suspensions
shall be imposed.
(b) The court imposing a driver's license suspension under
Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
required by Subsection (a) shall credit a period of suspension
imposed under this chapter toward the period of suspension required
under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
Chapter 521, or Subchapter H, Chapter 522, unless the person was
convicted of an offense under Article 6701l-1, Revised Statutes, as
that law existed before September 1, 1994, Section 19.05(a)(2),
Penal Code, as that law existed before September 1, 1994, Section
49.04, 49.045, 49.06, 49.07, or 49.08, Penal Code, or Section
106.041, Alcoholic Beverage Code, before the date of the conviction
on which the suspension is based, in which event credit may not be
given.
SECTION 10. Subsections (a) and (d), Section 524.035,
Transportation Code, are amended to read as follows:
(a) The issues that must be proved at a hearing by a
preponderance of the evidence are:
(1) whether:
(A) the person had an alcohol concentration of a
level specified by Section 49.01(2)(B), Penal Code, while operating
a motor vehicle in a public place or while operating a watercraft;
or
(B) the person was [is] a minor on the date that
the breath or blood specimen was obtained and had any detectable
amount of alcohol in the minor's system while operating a motor
vehicle in a public place or while operating a watercraft; and
(2) whether reasonable suspicion to stop or probable
cause to arrest the person existed.
(d) An administrative law judge may not find in the
affirmative on the issue in Subsection (a)(1) if:
(1) the person is an adult and the analysis of the
person's breath or blood determined that the person had an alcohol
concentration of a level below that specified by Section 49.01,
Penal Code, at the time the specimen was taken; or
(2) the person was [is] a minor on the date that the
breath or blood specimen was obtained and the administrative law
judge does not find that the minor had any detectable amount of
alcohol in the minor's system when the minor was arrested.
SECTION 11. Subsection (a), Section 524.042,
Transportation Code, is amended to read as follows:
(a) A suspension of a driver's license under this chapter is
stayed on the filing of an appeal petition only if:
(1) the person's driver's license has not been
suspended as a result of an alcohol-related or drug-related
enforcement contact during the five years preceding the date of the
person's arrest; and
(2) the person has not been convicted during the 10
years preceding the date of the person's arrest of an offense under:
(A) Article 6701l-1, Revised Statutes, as that
law existed before September 1, 1994;
(B) Section 19.05(a)(2), Penal Code, as that law
existed before September 1, 1994;
(C) Section 49.04, 49.045, or 49.06, Penal Code;
(D) Section 49.07 or 49.08, Penal Code, if the
offense involved the operation of a motor vehicle or a watercraft;
or
(E) Section 106.041, Alcoholic Beverage Code.
SECTION 12. The changes in law to Chapter 524,
Transportation Code, apply 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 covered 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 13. This Act takes effect September 1, 2009.