84R5695 JAM-F
By: Villalba H.B. No. 2246
A BILL TO BE ENTITLED
AN ACT
relating to the suspension and issuance of certain driver's
licenses; affecting the prosecution of an offense; increasing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.001(a)(3), Transportation Code, is
amended to read as follows:
(3) "Driver's license" means an authorization issued
by the department for the operation of a motor vehicle. The term
includes:
(A) a temporary license or instruction permit;
and
(B) an occupational or ignition interlock
license.
SECTION 2. Section 521.202, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) Notwithstanding Subsection (a) or (b), if a person is
otherwise eligible, the department may issue an ignition interlock
license to a person during the period of suspension.
SECTION 3. The heading to Subchapter L, Chapter 521,
Transportation Code, is amended to read as follows:
SUBCHAPTER L. OCCUPATIONAL AND IGNITION INTERLOCK LICENSES
[LICENSE]
SECTION 4. Section 521.241(2), Transportation Code, is
amended to read as follows:
(2) "Ignition interlock device" means a functioning
device approved by the department under Section 521.247 that uses a
deep-lung breath analysis mechanism to make impractical the
operation of a motor vehicle if ethyl alcohol is detected in the
breath of the operator of the vehicle.
SECTION 5. The heading to Section 521.242, Transportation
Code, is amended to read as follows:
Sec. 521.242. PETITION FOR OCCUPATIONAL LICENSE.
SECTION 6. Subchapter L, Chapter 521, Transportation Code,
is amended by adding Section 521.2421 to read as follows:
Sec. 521.2421. APPLICATION FOR IGNITION INTERLOCK LICENSE.
A person whose license has been suspended or revoked for a
conviction under Section 49.04, Penal Code, or has been suspended
under Chapter 524 or 724 may apply to the department:
(1) for issuance of an ignition interlock license; or
(2) to extend the effective period of an ignition
interlock license issued for:
(A) a suspension under Chapter 524 or 724; or
(B) a conviction arising from the offense under
Section 49.04, Penal Code.
SECTION 7. Section 521.243, Transportation Code, is amended
to read as follows:
Sec. 521.243. NOTICE TO STATE; PRESENTATION OF EVIDENCE
FOR OCCUPATIONAL LICENSE. (a) The clerk of the court shall send by
certified mail to the attorney representing the state a copy of the
petition for an occupational license and notice of the hearing if
the petitioner's license was suspended following a conviction for:
(1) an offense under Section 19.05, 49.04, 49.07, or
49.08, Penal Code; or
(2) an offense to which Section 521.342 applies.
(b) A person who receives a copy of a petition for an
occupational license under Subsection (a) may attend the hearing
and may present evidence at the hearing against granting the
petition.
SECTION 8. The heading to Section 521.244, Transportation
Code, is amended to read as follows:
Sec. 521.244. HEARING; ORDER; DETERMINATION OF ESSENTIAL
NEED FOR OCCUPATIONAL LICENSE.
SECTION 9. Section 521.244, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) The judge who hears the petition for an occupational
license shall sign an order finding whether an essential need
exists.
(e) This section does not apply to an application to the
department for an ignition interlock license under Section
521.2421.
SECTION 10. The heading to Section 521.245, Transportation
Code, is amended to read as follows:
Sec. 521.245. REQUIRED COUNSELING FOR IGNITION INTERLOCK
LICENSE.
SECTION 11. Sections 521.245(a), (c), (d), and (f),
Transportation Code, are amended to read as follows:
(a) If a person's [the petitioner's] license has been
suspended under Chapter 524 or 724, as a condition of issuance of an
ignition interlock license the department [court] shall require the
person [petitioner] to enroll and attend a program approved by the
department [court] that is designed to provide counseling and
rehabilitation services to persons for alcohol dependence. Proof
of enrollment must be included with the application for an ignition
interlock [This requirement shall be stated in the order granting
the occupational] license under Section 521.2421.
(c) The department [court] may require the program [person]
to report periodically to the department [court] to verify that the
person is attending the required program.
(d) On receiving notice [finding] that the person is not
attending the program as required, the department [court] may
suspend [revoke] the ignition interlock [order granting the
occupational] license until the person provides proof that the
person is attending the required program. [The court shall send a
certified copy of the order revoking the license to the
department.]
(f) A suspension under Subsection (d) [(e)]:
(1) takes effect on the date on which the department
sends notice of:
(A) the person's nonattendance at the required
program; and
(B) suspension of the person's ignition
interlock [court signs the order revoking the occupational]
license; [and]
(2) extends the term [is cumulative] of the original
suspension and the person's eligibility for an ignition interlock
license during that suspension; and
(3) will be rescinded only on receipt of notice from
the program of the person's compliance with program attendance
requirements.
SECTION 12. Section 521.246, Transportation Code, is
amended to read as follows:
Sec. 521.246. IGNITION INTERLOCK DEVICE REQUIREMENT ON
REINSTATEMENT. (a) On receipt of notice of [If the person's
license has been suspended after] a conviction under Section 49.04,
49.07, or 49.08, Penal Code, the department [judge, before signing
an order,] shall determine from the criminal history record
information maintained by the department whether the person has any
previous conviction under those laws.
(b) The department shall note on the person's driving record
that on reinstatement, the person's driving privileges are
restricted [As part of the order the judge may restrict the person]
to the operation of a motor vehicle equipped with an ignition
interlock device for the designated period [if the judge determines
that the person's license has been suspended following a conviction
under Section 49.04, 49.07, or 49.08, Penal Code. As part of the
order, the judge shall restrict the person to the operation of a
motor vehicle equipped with an ignition interlock device if the
judge determines that:
[(1) the person has two or more convictions under any
combination of Section 49.04, 49.07, or 49.08, Penal Code; or
[(2) the person's license has been suspended after a
conviction under Section 49.04, Penal Code, for which the person
has been punished under Section 49.09, Penal Code].
(c) The person shall obtain the ignition interlock device at
the person's own expense unless the court finds that to do so is not
in the best interest of justice and enters that finding in the
record. If the court determines that the person is unable to pay
for the device, the court may impose a reasonable payment schedule
for a term not to exceed twice the period of the court's order.
(d) The department [court] shall reduce the duration of any
postreinstatement ignition interlock requirement under Subsection
(b) by an amount of time equal to the period for which an ignition
interlock license was required as a condition of a preconviction or
postconviction license suspension or revocation arising from the
offense for which the person was convicted [order the ignition
interlock device to remain installed for at least half of the period
of supervision].
(e) A person to whom this section applies may operate a
motor vehicle without the installation of an approved ignition
interlock device if:
(1) the person is required to operate a motor vehicle
in the course and scope of the person's employment;
(2) the vehicle is:
(A) owned, leased, or rented by the person's
employer; and
(B) driven at the direction of the person's
employer during working hours as a requirement of employment;
(3) the employer is not owned or controlled by the
person whose driving privilege is restricted;
(4) the employer is notified of the driving privilege
restriction; and
(5) proof of that notification is with the vehicle.
(f) A previous conviction may not be used for purposes of
determining the length of the period [restricting] a person is
restricted to the operation of a motor vehicle equipped with an
interlock ignition device under this section if:
(1) the previous conviction was a final conviction
under Section 49.04, 49.07, or 49.08, Penal Code, and was for an
offense committed more than 10 years before the instant offense for
which the person was convicted; and
(2) the person has not been convicted of an offense
under Section 49.04, 49.07, or 49.08 of that code committed within
10 years before the date of [on which] the instant offense for which
the person was convicted.
SECTION 13. Section 521.2461, Transportation Code, is
amended to read as follows:
Sec. 521.2461. TESTING FOR ALCOHOL OR CONTROLLED SUBSTANCES
FOR PERSON ISSUED IGNITION INTERLOCK LICENSE. The court may
require a person who is issued an ignition interlock [granting an
occupational] license under this subchapter to [may require as a
condition of the license that the person] submit to periodic
testing for alcohol or controlled substances, to be conducted by an
entity specified by the court, if the person's license has been
suspended [under Chapter 524 or 724 or] as a result of the person's
conviction of an offense involving the operation of a motor vehicle
while intoxicated.
SECTION 14. The heading to Section 521.2462, Transportation
Code, is amended to read as follows:
Sec. 521.2462. SUPERVISION OF PERSON ISSUED IGNITION
INTERLOCK [OCCUPATIONAL DRIVER'S] LICENSE.
SECTION 15. Section 521.2462(a), Transportation Code, is
amended to read as follows:
(a) The court may require a person who is issued an ignition
interlock [granting an occupational] license under this subchapter
[may order the person receiving the license] to:
(1) submit to supervision by the local community
supervision and corrections department to verify compliance with
the conditions established by the court [specified by the order
granting the license, including the conditions specified in
accordance with Section 521.248]; and
(2) pay a monthly administrative fee under Section
76.015, Government Code.
SECTION 16. Section 521.2465, Transportation Code, is
amended to read as follows:
Sec. 521.2465. ISSUANCE OF IGNITION INTERLOCK [RESTRICTED]
LICENSE. (a) The [On receipt of notice that a person has been
restricted to the use of a motor vehicle equipped with an ignition
interlock device, the department shall notify that person that the
person's driver's license expires on the 30th day after the date of
the notice. On application by the person and payment of a fee of
$10, the] department shall issue an ignition interlock [a special
restricted] license that authorizes the person to operate only a
motor vehicle equipped with an ignition interlock device if the
person:
(1) submits an application for an ignition interlock
license;
(2) except as provided by Subsection (b), pays a
nonrefundable application fee of $100;
(3) provides evidence of financial responsibility as
required by Chapter 601;
(4) provides proof to the satisfaction of the
department that an ignition interlock device has been installed on
each motor vehicle owned or operated by the person; and
(5) is otherwise eligible for the license.
(b) If the person already has an ignition interlock license
issued for a suspension under Chapter 524 or 724, the department may
extend the existing ignition interlock license if the person pays a
fee of $10. Subsection (a)(2) does not apply to a license extended
under this subsection.
(c) The department may not issue an ignition interlock
license for the operation of a commercial motor vehicle to which
Chapter 522 applies.
(d) An ignition interlock license issued under this section
may contain only the restrictions or endorsements that were on the
person's driving record at the time of the arrest for the incident
for which the license was suspended, except that:
(1) in the interest of public safety, the department
may, with good cause, impose additional restrictions or require
additional endorsements on the ignition interlock license; and
(2) a license issued under this section must state on
its face that the person may operate only vehicles equipped with an
ignition interlock device. [On receipt of a copy of a court order
removing the restriction, the department shall issue the person a
driver's license without the restriction.]
SECTION 17. The heading to Section 521.248, Transportation
Code, is amended to read as follows:
Sec. 521.248. ORDER REQUIREMENTS FOR ISSUANCE OF
OCCUPATIONAL LICENSE.
SECTION 18. The heading to Section 521.250, Transportation
Code, is amended to read as follows:
Sec. 521.250. COURT ORDER FOR OCCUPATIONAL LICENSE IN
OPERATOR'S POSSESSION.
SECTION 19. Sections 521.253(a) and (c), Transportation
Code, are amended to read as follows:
(a) A person who is issued [holds] an occupational or
ignition interlock license commits an offense if the person:
(1) operates a motor vehicle in violation of a
restriction imposed on the license; or
(2) fails to have in the person's possession:
(A) for an occupational license granted by a
court, a certified copy of the court order as required under Section
521.250; or
(B) for an ignition interlock license issued by
the department, the ignition interlock license.
(c) On conviction of an offense under this section:
(1) for an occupational license, the occupational
license and the order granting that license are revoked; or
(2) for an ignition interlock license, the department,
in its sole discretion, may either revoke the ignition interlock
license or extend the suspension period and the ignition interlock
license for a period equal to the duration of the original
suspension.
SECTION 20. Sections 521.342(b) and (c), Transportation
Code, are amended to read as follows:
(b) The department shall suspend for one year the license of
a person who is under 21 years of age and is convicted of an offense
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
regardless of whether the person is required to attend an
educational program under Section 13(h), Article 42.12, Code of
Criminal Procedure, that is designed to rehabilitate persons who
have operated motor vehicles while intoxicated [, unless the person
is placed under community supervision under that article and is
required as a condition of the community supervision to not operate
a motor vehicle unless the vehicle is equipped with the device
described by Section 13(i) of that article]. To be accepted into
the program, the person must first submit an application to the
department for and be issued an ignition interlock license under
Subchapter L. If the person is required to attend the [such a]
program and does not complete the program before the end of the
person's suspension, the department shall suspend the person's
ignition interlock license and [or] continue the suspension, as
appropriate, until the department receives proof that the person
has successfully completed the program. On the person's
successful completion of the program, the person's instructor shall
give notice to the department and to the community supervision and
corrections department in the manner provided by Section 13(h),
Article 42.12, Code of Criminal Procedure.
(c) A person whose license is suspended under Subsection (a)
remains eligible to receive an ignition interlock [occupational]
license under Subchapter L. Suspension under Subsection (a) is not
a suspension for physical or mental disability or impairment for
purposes of eligibility to apply for an ignition interlock
[occupational] license under Subchapter L.
SECTION 21. Sections 521.344(a), (b), (c), (d), (e), (f),
(g), and (h), Transportation Code, are amended to read as follows:
(a) Except as provided by Sections 521.342(b) and 521.345,
and by Subsections (d)-(i), if a person is convicted of an offense
under Section 49.04, 49.045, or 49.07, Penal Code, the license
suspension:
(1) begins on a date set by the court that is not
earlier than the date of the conviction or later than the 15th
[30th] day after the date of the conviction, as determined by the
court; and
(2) continues for a period set by the court according
to the following schedule:
(A) not less than 90 days or more than one year,
if the person is punished under Section 49.04, 49.045, or 49.07,
Penal Code, except that if the person's license is suspended for a
second or subsequent offense under Section 49.07 committed within
five years of the date on which the most recent preceding offense
was committed, the suspension continues for a period of one year;
(B) not less than 180 days or more than two years,
if the person is punished under Section 49.09(a) or (b), Penal Code;
or
(C) not less than one year or more than two years,
if the person is punished under Section 49.09(a) or (b), Penal Code,
and is subject to Section 49.09(h) of that code.
(b) Except as provided by Section 521.342(b), if a person is
convicted of an offense under Section 49.08, Penal Code, the
license suspension:
(1) begins on a date set by the court that is not
earlier than the date of the conviction or later than the 15th
[30th] day after the date of the conviction, as determined by the
court; and
(2) continues for a period set by the court of not less
than 180 days or more than two years, except that if the person's
license is suspended for a second or subsequent offense under
Section 49.08, Penal Code, committed within 10 years of the date on
which the most recent preceding offense was committed, the
suspension continues for a period set by the court of not less than
one year or more than two years.
(c) The court shall credit toward the period of suspension a
suspension imposed on the person for refusal to give a specimen
under Chapter 724 if the refusal followed an arrest for the same
offense for which the court is suspending the person's license
under this chapter for each day the person holds an ignition
interlock license during the period of suspension. [The court may
not extend the credit to a person:
[(1) who has been previously convicted of an offense
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or
[(2) whose period of suspension is governed by Section
521.342(b).]
(d) Except as provided by Subsection (e) and Section
521.342(b), during a period of probation the department shall [may
not] revoke the person's license if the person is required under
Section 13(h) or (j), Article 42.12, Code of Criminal Procedure, to
successfully complete an educational program designed to
rehabilitate persons who have operated motor vehicles while
intoxicated [, unless the person was punished under Section
49.09(a) or (b), Penal Code, and was subject to Section 49.09(h) of
that code. The department may not revoke the license of a person:
[(1) for whom the jury has recommended that the
license not be revoked under Section 13(g), Article 42.12, Code of
Criminal Procedure; or
[(2) who is placed under community supervision under
that article and is required as a condition of community
supervision to not operate a motor vehicle unless the vehicle is
equipped with the device described by Section 13(i) of that
article, unless the person was punished under Section 49.09(a) or
(b), Penal Code, and was subject to Section 49.09(g) of that code].
To be accepted into the program, the person must first submit an
application to the department for and be issued an ignition
interlock license under Subchapter L. If the person is required to
attend the program and does not complete the program before the end
of the person's suspension, the department shall suspend the
person's ignition interlock license and continue the suspension, as
appropriate, until the department receives proof that the person
has successfully completed the program. On the person's successful
completion of the program, the person's instructor shall give
notice to the department and to the community supervision and
corrections department in the manner provided by Section 13(h),
Article 42.12, Code of Criminal Procedure.
(e) After the date has passed, according to department
records, for successful completion of the educational program
designed to rehabilitate persons who operated motor vehicles while
intoxicated, if a person has not successfully completed the
program, the director, at the director's sole discretion, shall
either revoke the ignition interlock license or extend the
suspension period and the ignition interlock license until the
person successfully completes the program [of a person who does not
successfully complete the program] or, if the person is a resident
without a license to operate a motor vehicle in this state, shall
issue an order prohibiting the person from obtaining a license.
(f) After the date has passed, according to department
records, for successful completion of an educational program for
repeat offenders as required by Section 13, Article 42.12, Code of
Criminal Procedure, if a person has not successfully completed the
program, the director, at the director's sole discretion, shall
either suspend the ignition interlock license or extend the
suspension period and the ignition interlock license until the
person successfully completes the program [of a person who does not
successfully complete the program] or, if the person is a resident
without a license, shall issue an order prohibiting the person from
obtaining a license.
(g) A revocation, suspension, extension, or prohibition
[order] under Subsection (e) or (f) remains in effect until the
department receives notice of successful completion of the
educational program. The director shall promptly send notice of a
revocation, extension, or prohibition [order] issued under
Subsection (e) or (f) by first class mail to the person at the
person's most recent address as shown in the records of the
department. The notice must include the date of the revocation,
extension, or prohibition [order], the reason for the revocation,
extension, or prohibition, and a statement that the person has the
right to request in writing that a hearing be held on the
revocation, extension, or prohibition. Notice is considered
received on the fifth day after the date the notice is mailed. A
revocation, extension, or prohibition under Subsection (e) or (f)
takes effect on the 30th day after the date the notice is mailed.
The person may request a hearing not later than the 20th day after
the date the notice is mailed. If the department receives a request
under this subsection, the department shall set the hearing for the
earliest practical time and the revocation, extension, or
prohibition does not take effect until resolution of the hearing.
(h) The hearing shall be held in a municipal or justice
court in the county of the person's residence in the manner provided
for a suspension hearing under Subchapter N. The issues to be
determined at the hearing are whether the person has successfully
completed a required educational program and whether the period for
completion of the program has passed. If the presiding officer
determines that the educational program has not been completed and
the period for completion has passed, the officer shall confirm the
revocation, extension, or prohibition and shall notify the
department of that fact. The director may not revoke, extend, or
prohibit the license if the officer finds that the program has been
completed, that, before the hearing, the court that originally
imposed the requirement to attend an educational program has
granted an extension that has not expired, or that the period for
completion has not passed. If the person or the person's agent
fails to appear at the hearing, the department shall revoke the
person's license until the department receives notice of successful
completion of the educational program.
SECTION 22. Section 521.421(d), Transportation Code, is
amended to read as follows:
(d) The fee for issuance or renewal of an occupational or
ignition interlock license is $25 [$10].
SECTION 23. Section 524.011(f), Transportation Code, is
amended to read as follows:
(f) A temporary driving permit issued under this section
expires on the 15th [41st] day after the date of issuance. If the
person was driving a commercial motor vehicle, as defined by
Section 522.003, a temporary driving permit that authorizes the
person to drive a commercial motor vehicle is not effective until 24
hours after the time of arrest.
SECTION 24. Section 524.014, Transportation Code, is
amended to read as follows:
Sec. 524.014. NOTICE OF SUSPENSION. A notice of suspension
under Section 524.013 must state:
(1) the reason and statutory grounds for the
suspension;
(2) the effective date of the suspension;
(3) the right of the person to a hearing;
(4) how to request a hearing; [and]
(5) the period in which the person must request a
hearing; and
(6) that if the person applies to the department for
issuance of an ignition interlock license under Subchapter L,
Chapter 521, the person waives the right to a hearing under Section
724.041.
SECTION 25. Section 524.021(a), Transportation Code, is
amended to read as follows:
(a) A driver's license suspension under this chapter takes
effect on the 15th [40th] day after the date the person:
(1) receives a notice of suspension under Section
524.011; or
(2) is presumed to have received notice of suspension
under Section 524.013.
SECTION 26. Section 524.031, Transportation Code, is
amended to read as follows:
Sec. 524.031. HEARING REQUEST. (a) If, not later than the
15th day after the date on which the person receives notice of
suspension under Section 524.011 or is presumed to have received
notice under Section 524.013, the department receives at its
headquarters in Austin, in writing, including a facsimile
transmission, or by another manner prescribed by the department, a
request that a hearing be held, a hearing shall be held as provided
by this subchapter.
(b) If the person applies for an ignition interlock license
under Subchapter L, Chapter 521, during the first 15 days following
the date of the notice of suspension, the person waives the right to
a hearing under this section.
SECTION 27. Section 724.001, Transportation Code, is
amended by adding Subdivision (13) to read as follows:
(13) "Ignition interlock license" means an ignition
interlock license issued by the department under Subchapter L,
Chapter 521.
SECTION 28. Section 724.032(e), Transportation Code, is
amended to read as follows:
(e) A temporary driving permit issued under this section
expires on the 15th [41st] day after the date of issuance. If the
person was driving a commercial motor vehicle, as defined by
Section 522.003, a temporary driving permit that authorizes the
person to drive a commercial motor vehicle is not effective until 24
hours after the time of arrest.
SECTION 29. Section 724.034, Transportation Code, is
amended to read as follows:
Sec. 724.034. CONTENTS OF NOTICE OF SUSPENSION OR DENIAL OF
LICENSE. A notice of suspension or denial of a license must state:
(1) the reason and statutory grounds for the action;
(2) the effective date of the suspension or denial;
(3) the right of the person to a hearing;
(4) how to request a hearing; [and]
(5) the period in which a request for a hearing must be
received by the department; and
(6) that if the person applies for and is issued an
ignition interlock license during the period described by
Subdivision (5), the person waives the right to a hearing under
Section 724.041.
SECTION 30. Section 724.035(c), Transportation Code, is
amended to read as follows:
(c) A suspension or denial takes effect on the 15th [40th]
day after the date on which the person:
(1) receives notice of suspension or denial under
Section 724.032(a); or
(2) is considered to have received notice of
suspension or denial under Section 724.033.
SECTION 31. Section 724.044, Transportation Code, is
amended to read as follows:
Sec. 724.044. WAIVER OF RIGHT TO HEARING. A person waives
the right to a hearing under this subchapter and the department's
suspension or denial is final and may not be appealed if the person:
(1) fails to request a hearing under Section 724.041;
[or]
(2) requests a hearing and fails to appear, without
good cause; or
(3) during the period specified by Section 724.034(5),
applies for issuance of an ignition interlock license.
SECTION 32. The following provisions of the Transportation
Code are repealed:
(1) Sections 521.245(e) and (g); and
(2) Section 521.251.
SECTION 33. The change in law made by this Act applies 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
governed 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 34. This Act takes effect September 1, 2015.