| 1 | 1 | | 85R9628 AJZ-D |
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| 2 | 2 | | By: Burns H.B. No. 3609 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administrative and civil consequences imposed by |
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| 8 | 8 | | the Department of Public Safety. |
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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. Section 521.042, Transportation Code, is amended |
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| 11 | 11 | | by adding Subsections (f) and (g) to read as follows: |
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| 12 | 12 | | (f) Except as provided by Subsection (g), the department may |
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| 13 | 13 | | not consider a record of a conviction of a license holder that is |
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| 14 | 14 | | received by the department after the first anniversary of the date |
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| 15 | 15 | | of the conviction in a decision to impose an enforcement action |
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| 16 | 16 | | against the license holder, including a decision to: |
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| 17 | 17 | | (1) suspend, revoke, or deny renewal of the license |
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| 18 | 18 | | holder's driver's license; or |
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| 19 | 19 | | (2) assign points to the license holder's driver's |
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| 20 | 20 | | license under Section 708.052. |
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| 21 | 21 | | (g) The department may consider a record of a conviction of |
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| 22 | 22 | | a license holder that is received by the department after the first |
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| 23 | 23 | | anniversary of the date of the conviction in a decision to impose an |
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| 24 | 24 | | enforcement action against the license holder if: |
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| 25 | 25 | | (1) the license holder: |
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| 26 | 26 | | (A) is a commercial driver's license holder or |
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| 27 | 27 | | was a commercial driver's license holder at the time of the offense; |
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| 28 | 28 | | (B) was operating a commercial motor vehicle at |
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| 29 | 29 | | the time of the offense; or |
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| 30 | 30 | | (C) was operating a motor vehicle and |
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| 31 | 31 | | transporting a hazardous material at the time of the offense; or |
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| 32 | 32 | | (2) the conviction is for an offense under Chapter 49, |
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| 33 | 33 | | Penal Code. |
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| 34 | 34 | | SECTION 2. Section 524.051(a), Transportation Code, is |
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| 35 | 35 | | amended to read as follows: |
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| 36 | 36 | | (a) After a [A] driver's license suspension [suspended] |
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| 37 | 37 | | under this chapter has ended, the license may not be reinstated or |
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| 38 | 38 | | another driver's license issued to the person until the person pays |
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| 39 | 39 | | the department a fee of $125 in addition to any other fee required |
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| 40 | 40 | | by law. |
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| 41 | 41 | | SECTION 3. Section 724.046(a), Transportation Code, is |
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| 42 | 42 | | amended to read as follows: |
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| 43 | 43 | | (a) After a [A] license suspension [suspended] under this |
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| 44 | 44 | | chapter has ended, the license may not be reinstated or a new |
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| 45 | 45 | | license issued until the person whose license has been suspended |
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| 46 | 46 | | pays to the department a fee of $125 in addition to any other fee |
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| 47 | 47 | | required by law. A person subject to a denial order issued under |
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| 48 | 48 | | this chapter may not, after the period of denial has ended, obtain a |
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| 49 | 49 | | license [after the period of denial has ended] until the person pays |
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| 50 | 50 | | to the department a fee of $125 in addition to any other fee |
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| 51 | 51 | | required by law. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2017. |
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