| 1 | 1 | | By: Carona S.B. No. 501 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the civil consequences of certain convictions on a |
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| 7 | 7 | | person who holds a commercial driver's license and of certain |
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| 8 | 8 | | adjudications on the driver's license or permit of a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsection (d), Section 522.081, Transportation |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | (d) A person is disqualified from driving a commercial motor |
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| 13 | 13 | | vehicle for life: |
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| 14 | 14 | | (1) if the person is convicted two or more times of an |
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| 15 | 15 | | offense specified by Subsection (b)(2), or a combination of those |
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| 16 | 16 | | offenses, arising from two or more separate incidents; |
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| 17 | 17 | | (2) if the person uses a motor vehicle in the |
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| 18 | 18 | | commission of a felony involving: |
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| 19 | 19 | | (A) the manufacture, distribution, or dispensing |
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| 20 | 20 | | of a controlled substance; or |
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| 21 | 21 | | (B) possession with intent to manufacture, |
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| 22 | 22 | | distribute, or dispense a controlled substance; [or] |
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| 23 | 23 | | (3) for any combination of two or more of the |
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| 24 | 24 | | following, arising from two or more separate incidents: |
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| 25 | 25 | | (A) a conviction of the person for an offense |
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| 26 | 26 | | described by Subsection (b)(2); |
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| 27 | 27 | | (B) a refusal by the person described by |
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| 28 | 28 | | Subsection (b)(3); and |
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| 29 | 29 | | (C) an analysis of the person's blood, breath, or |
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| 30 | 30 | | urine described by Subsection (b)(4); or |
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| 31 | 31 | | (4) if the person uses a motor vehicle in the |
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| 32 | 32 | | commission of an offense under 8 U.S.C. Section 1324 that involves |
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| 33 | 33 | | the transportation, concealment, or harboring of an alien. |
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| 34 | 34 | | SECTION 2. Subsection (a), Section 54.042, Family Code, is |
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| 35 | 35 | | amended to read as follows: |
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| 36 | 36 | | (a) A juvenile court, in a disposition hearing under Section |
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| 37 | 37 | | 54.04, shall: |
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| 38 | 38 | | (1) order the Department of Public Safety to suspend a |
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| 39 | 39 | | child's driver's license or permit, or if the child does not have a |
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| 40 | 40 | | license or permit, to deny the issuance of a license or permit to |
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| 41 | 41 | | the child if the court finds that the child has engaged in conduct |
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| 42 | 42 | | that: |
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| 43 | 43 | | (A) violates a law of this state enumerated in |
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| 44 | 44 | | Section 521.342(a), Transportation Code; or |
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| 45 | 45 | | (B) violates a penal law of this state or the |
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| 46 | 46 | | United States, an element or elements of which involve a severe form |
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| 47 | 47 | | of trafficking in persons, as defined by 22 U.S.C. Section 7102; or |
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| 48 | 48 | | (2) notify the Department of Public Safety of the |
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| 49 | 49 | | adjudication, if the court finds that the child has engaged in |
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| 50 | 50 | | conduct that violates a law of this state enumerated in Section |
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| 51 | 51 | | 521.372(a), Transportation Code. |
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| 52 | 52 | | SECTION 3. (a) The change in law made by this Act to |
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| 53 | 53 | | Section 522.081, Transportation Code, applies only in connection |
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| 54 | 54 | | with a conviction that becomes final on or after the effective date |
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| 55 | 55 | | of this Act. A conviction that became final before the effective |
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| 56 | 56 | | date of this Act is covered by Section 522.081, Transportation |
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| 57 | 57 | | Code, as that section existed on the date the conviction became |
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| 58 | 58 | | final, and the former law is continued in effect for that purpose. |
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| 59 | 59 | | (b) The change in law made by this Act in amending Section |
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| 60 | 60 | | 54.042, Family Code, applies only to conduct that occurs on or after |
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| 61 | 61 | | the effective date of this Act. Conduct that occurred before the |
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| 62 | 62 | | effective date of this Act is covered by the law in effect at the |
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| 63 | 63 | | time the conduct occurred, and the former law is continued in effect |
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| 64 | 64 | | for that purpose. |
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| 65 | 65 | | SECTION 4. This Act takes effect September 1, 2009. |
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