Texas 2019 86th Regular

Texas House Bill HB162 Introduced / Bill

Filed 11/12/2018

                    86R2223 JSC-F
 By: White H.B. No. 162


 A BILL TO BE ENTITLED
 AN ACT
 relating to suspending the driver's licenses of certain persons
 convicted of driving while intoxicated offenses.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 521.292(a), Transportation Code, is
 amended to read as follows:
 (a)  The department shall suspend the person's license if the
 department determines that the person:
 (1)  has operated a motor vehicle on a highway:
 (A)  while the person's license was suspended,
 canceled, disqualified, or revoked as the result of a conviction of
 an offense involving the operation of a motor vehicle while
 intoxicated;[,] or
 (B)  without a license after an application for a
 license was denied as the result of a conviction of an offense
 involving the operation of a motor vehicle while intoxicated;
 (2)  is a habitually reckless or negligent operator of
 a motor vehicle;
 (3)  is a habitual violator of the traffic laws;
 (4)  has permitted the unlawful or fraudulent use of
 the person's license;
 (5)  has committed an offense in another state or
 Canadian province that, if committed in this state, would be
 grounds for suspension;
 (6)  has been convicted of two or more separate
 offenses of a violation of a restriction imposed on the use of the
 license;
 (7)  has been responsible as a driver for any accident
 resulting in serious personal injury or serious property damage;
 (8)  is under 18 years of age and has been convicted of
 two or more moving violations committed within a 12-month period;
 or
 (9)  has committed an offense under Section 545.421.
 SECTION 2.  Section 521.293, Transportation Code, is amended
 to read as follows:
 Sec. 521.293.  PERIOD OF SUSPENSION UNDER SECTION 521.292.
 If  [(a) Except as provided by Subsection (b), if] the person does
 not request a hearing, the period of license suspension under
 Section 521.292 is 90 days.
 [(b)     If the department determines that the person engaged in
 conduct described by Section 521.292(a)(1), the period of license
 suspension is extended for an additional period of the lesser of:
 [(1)  the term of the original suspension; or
 [(2)  one year.]
 SECTION 3.  Section 521.312(b), Transportation Code, is
 amended to read as follows:
 (b)  Except as provided by Subsection (c)[, Section
 521.293(b),] or Subchapter O, the department may not suspend a
 license for a period that exceeds one year.
 SECTION 4.  The change in law made by this Act applies only
 to a determination to suspend a driver's license made by the
 Department of Public Safety on or after the effective date of this
 Act.  A determination to suspend a driver's license made before the
 effective date of this Act is governed by the law in effect when the
 determination was made, and the former law is continued in effect
 for that purpose.
 SECTION 5.  This Act takes effect September 1, 2019.