Texas 2011 - 82nd Regular

Texas House Bill HB189 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R22622 E
2	2	By: Smith of Tarrant, Martinez Fischer H.B. No. 189
3	3	Substitute the following for H.B. No. 189:
4	4	By: Gallego C.S.H.B. No. 189
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the criminal and civil consequences for certain
10	10	intoxication offenses and to certain fees associated with the
11	11	enforcement and administration of certain of those consequences.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 5(d), Article 42.12, Code of Criminal
14	14	Procedure, is amended to read as follows:
15	15	(d) In all other cases the judge may grant deferred
16	16	adjudication unless:
17	17	(1) the defendant is charged with an offense:
18	18	(A) under Section 49.045, 49.07, or 49.08
19	19	[Sections 49.04-49.08], Penal Code; [or]
20	20	(B) under Section 49.04, 49.05, 49.06, or 49.065,
21	21	Penal Code, if:
22	22	(i) at the time of the offense, the
23	23	defendant held a commercial driver's license or a commercial driver
24	24	learner's permit; or
25	25	(ii) during the commission of the offense,
26	26	the defendant caused injury to another person or damaged property
27	27	that belongs to another person;
28	28	(C) for which punishment may be increased under
29	29	Section 49.09, Penal Code; or
30	30	(D) for which punishment may be increased under
31	31	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
32	32	is shown that the defendant has been previously convicted of an
33	33	offense for which punishment was increased under any one of those
34	34	subsections;
35	35	(2) the defendant:
36	36	(A) is charged with an offense under Section
37	37	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
38	38	victim, or a felony described by Section 13B(b) of this article; and
39	39	(B) has previously been placed on community
40	40	supervision for any offense under Paragraph (A) of this
41	41	subdivision; or
42	42	(3) the defendant is charged with an offense under:
43	43	(A) Section 21.02, Penal Code; or
44	44	(B) Section 22.021, Penal Code, that is
45	45	punishable under Subsection (f) of that section or under Section
46	46	12.42(c)(3), Penal Code.
47	47	SECTION 2. Section 13, Article 42.12, Code of Criminal
48	48	Procedure, is amended by adding Subsection (o) to read as follows:
49	49	(o) A judge granting deferred adjudication to a defendant
50	50	for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal
51	51	Code, shall require the defendant to have an ignition interlock
52	52	device installed under Subsection (i), regardless of whether the
53	53	defendant would be required to have the device installed if the
54	54	defendant was convicted.
55	55	SECTION 3. Section 411.081(e), Government Code, is amended
56	56	to read as follows:
57	57	(e) A person is entitled to petition the court under
58	58	Subsection (d) only if during the period of the deferred
59	59	adjudication community supervision for which the order of
60	60	nondisclosure is requested and during the applicable period
61	61	described by Subsection (d)(1), (2), or (3), as appropriate, the
62	62	person is not convicted of or placed on deferred adjudication
63	63	community supervision under Section 5, Article 42.12, Code of
64	64	Criminal Procedure, for any offense other than an offense under the
65	65	Transportation Code punishable by fine only. A person is not
66	66	entitled to petition the court under Subsection (d) if the person
67	67	was placed on the deferred adjudication community supervision for
68	68	or has been previously convicted or placed on any other deferred
69	69	adjudication for:
70	70	(1) an offense requiring registration as a sex
71	71	offender under Chapter 62, Code of Criminal Procedure;
72	72	(2) an offense under Section 20.04, Penal Code,
73	73	regardless of whether the offense is a reportable conviction or
74	74	adjudication for purposes of Chapter 62, Code of Criminal
75	75	Procedure;
76	76	(3) an offense under Section 19.02, 19.03, 22.04,
77	77	22.041, 25.07, or 42.072, Penal Code; [or]
78	78	(4) any other offense involving family violence, as
79	79	defined by Section 71.004, Family Code; or
80	80	(5) an offense under Section 49.04, 49.05, 49.06, or
81	81	49.065, Penal Code.
82	82	SECTION 4. Sections 49.09(b) and (g), Penal Code, are
83	83	amended to read as follows:
84	84	(b) An offense under Section 49.04, 49.045, 49.05, 49.06, or
85	85	49.065 is a felony of the third degree if it is shown on the trial of
86	86	the offense that the person has previously been convicted:
87	87	(1) one time of an offense under Section 49.08 or an
88	88	offense under the laws of another state if the offense contains
89	89	elements that are substantially similar to the elements of an
90	90	offense under Section 49.08; or
91	91	(2) two times of any other offense relating to the
92	92	operating of a motor vehicle while intoxicated, operating an
93	93	aircraft while intoxicated, operating a watercraft while
94	94	intoxicated, or operating or assembling an amusement ride while
95	95	intoxicated.
96	96	(g) A conviction may be used for purposes of enhancement
97	97	under this section or enhancement under Subchapter D, Chapter 12,
98	98	but not under both this section and Subchapter D. A deferred
99	99	adjudication for an offense under Section 49.04, 49.05, 49.06, or
100	100	49.065 is considered a conviction for purposes of enhancement of
101	101	penalties under this section or Subchapter D, Chapter 12.
102	102	SECTION 5. Section 521.247(c), Transportation Code, is
103	103	amended to read as follows:
104	104	(c) If the department approves a device, the department
105	105	shall notify the manufacturer of that approval in writing. Written
106	106	notice from the department to a manufacturer is admissible in a
107	107	civil or criminal proceeding in this state. The manufacturer shall
108	108	pay an amount not less than $500, as determined by the department,
109	109	to cover the costs [reimburse the department for any cost] incurred
110	110	by the department in approving the device.
111	111	SECTION 6. Section 521.2475(b), Transportation Code, is
112	112	amended to read as follows:
113	113	(b) Each [The department shall assess the cost of preparing
114	114	the evaluation equally against each] manufacturer of an approved
115	115	device shall annually pay to the department a reasonable amount not
116	116	less than $500, as determined by the department, to help defray
117	117	costs incurred in complying with Subsection (a) and in
118	118	administering this subchapter.
119	119	SECTION 7. Section 521.2476(d), Transportation Code, is
120	120	amended to read as follows:
121	121	(d) A vendor shall reimburse the department in a reasonable
122	122	amount not less than $450, as determined by the department, to cover
123	123	costs incurred in [for the reasonable cost of] conducting each
124	124	inspection of the vendor's facilities under this section.
125	125	SECTION 8. Section 708.102, Transportation Code, is amended
126	126	by amending Subsection (b) and adding Subsection (e) to read as
127	127	follows:
128	128	(b) Each year the department shall assess a surcharge on the
129	129	license of each person who during the preceding 36-month period has
130	130	been [finally] convicted of an offense relating to the operating of
131	131	a motor vehicle while intoxicated.
132	132	(e) In this section, a person is considered to have been
133	133	convicted of an offense if:
134	134	(1) a judgment, a sentence, or both a judgment and a
135	135	sentence are imposed on the person;
136	136	(2) the person receives community supervision,
137	137	deferred adjudication, or deferred disposition; or
138	138	(3) the court defers final disposition of the case or
139	139	imposition of the judgment and sentence.
140	140	SECTION 9. The change in law made by this Act applies only
141	141	to an offense committed on or after the effective date of this Act.
142	142	An offense committed before the effective date of this Act is
143	143	governed by the law in effect when the offense was committed, and
144	144	the former law is continued in effect for that purpose. For
145	145	purposes of this section, an offense was committed before the
146	146	effective date of this Act if any element of the offense was
147	147	committed before that date.
148	148	SECTION 10. This Act takes effect September 1, 2011.