By: Carona S.B. No. 501
(In the Senate - Filed January 20, 2009; February 17, 2009,
read first time and referred to Committee on Transportation and
Homeland Security; April 20, 2009, reported favorably by the
following vote: Yeas 8, Nays 0; April 20, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the civil consequences of certain convictions on a
person who holds a commercial driver's license and of certain
adjudications on the driver's license or permit of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 522.081, Transportation
Code, is amended to read as follows:
(d) A person is disqualified from driving a commercial motor
vehicle for life:
(1) if the person is convicted two or more times of an
offense specified by Subsection (b)(2), or a combination of those
offenses, arising from two or more separate incidents;
(2) if the person uses a motor vehicle in the
commission of a felony involving:
(A) the manufacture, distribution, or dispensing
of a controlled substance; or
(B) possession with intent to manufacture,
distribute, or dispense a controlled substance; [or]
(3) for any combination of two or more of the
following, arising from two or more separate incidents:
(A) a conviction of the person for an offense
described by Subsection (b)(2);
(B) a refusal by the person described by
Subsection (b)(3); and
(C) an analysis of the person's blood, breath, or
urine described by Subsection (b)(4); or
(4) if the person uses a motor vehicle in the
commission of an offense under 8 U.S.C. Section 1324 that involves
the transportation, concealment, or harboring of an alien.
SECTION 2. Subsection (a), Section 54.042, Family Code, is
amended to read as follows:
(a) A juvenile court, in a disposition hearing under Section
54.04, shall:
(1) order the Department of Public Safety to suspend a
child's driver's license or permit, or if the child does not have a
license or permit, to deny the issuance of a license or permit to
the child if the court finds that the child has engaged in conduct
that:
(A) violates a law of this state enumerated in
Section 521.342(a), Transportation Code; or
(B) violates a penal law of this state or the
United States, an element or elements of which involve a severe form
of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
(2) notify the Department of Public Safety of the
adjudication, if the court finds that the child has engaged in
conduct that violates a law of this state enumerated in Section
521.372(a), Transportation Code.
SECTION 3. (a) The change in law made by this Act to
Section 522.081, Transportation Code, applies only in connection
with a conviction that becomes final on or after the effective date
of this Act. A conviction that became final before the effective
date of this Act is covered by Section 522.081, Transportation
Code, as that section existed on the date the conviction became
final, and the former law is continued in effect for that purpose.
(b) The change in law made by this Act in amending Section
54.042, Family Code, applies only to conduct that occurs on or after
the effective date of this Act. Conduct that occurred before the
effective date of this Act is covered by the law in effect at the
time the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2009.
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