Texas 2019 - 86th Regular

Texas Senate Bill SB691 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Johnson, ~~et al.~~ S.B. No. 691
2		-	~~(Nevárez)~~
	1	+	By: Johnson, Alvarado S.B. No. 691
	2	+	Miles
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to suspension of a driver's license for persons convicted
8	8		of certain misdemeanor drug possession offenses.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Section 521.372(a), Transportation Code, is
11	11		amended to read as follows:
12	12		(a) Except as otherwise provided by Section 521.3725, a [A]
13	13		person's driver's license is automatically suspended on final
14	14		conviction of:
15	15		(1) an offense under the Controlled Substances Act;
16	16		(2) a drug offense; or
17	17		(3) a felony under Chapter 481, Health and Safety
18	18		Code, that is not a drug offense.
19	19		SECTION 2. Subchapter P, Chapter 521, Transportation Code,
20	20		is amended by adding Section 521.3725 to read as follows:
21	21		Sec. 521.3725. MISDEMEANOR DEFENDANTS. (a) This section
22	22		applies only to a person:
23	23		(1) who is convicted of a misdemeanor possession
24	24		offense under Section 481.1161, 481.117, 481.118, or 481.121,
25	25		Health and Safety Code, other than an offense for which punishment
26	26		is increased under Section 481.134 of that code; and
27	27		(2) whose driver's license is not subject to
28	28		suspension for that offense or another offense arising from the
29	29		same criminal episode under a provision other than Section 521.372.
30	30		(b) The driver's license of a person described by Subsection
31	31		(a) is automatically suspended as provided by Section 521.372,
32	32		except that:
33	33		(1) the suspension does not begin until the 180th day
34	34		after the date of the person's final conviction; and
35	35		(2) the person's license is no longer subject to
36	36		suspension under Section 521.372 if, before the date the suspension
37	37		is to begin under Subdivision (1):
38	38		(A) the department receives notification from
39	39		the clerk of the court in which the person was convicted that the
40	40		person has successfully completed an educational program under
41	41		Section 521.374 or equivalent education in a residential treatment
42	42		facility authorized under that section; and
43	43		(B) the person pays a fee in an amount that is
44	44		equivalent to the sum of all fees applicable to a suspension and
45	45		reinstatement of a license under this subchapter, regardless of
46	46		whether the person's license is suspended or reinstated.
47	47		(c) The period of suspension for a person described by
48	48		Subsection (a) who does not complete the educational program
49	49		described by Subsection (b)(2)(A) and pay the fees described by
50	50		Subsection (b)(2)(B) is 180 days, except that the license may be
51	51		reinstated during that period as provided by Section 521.377(a-1).
52	52		SECTION 3. Section 521.374(a), Transportation Code, as
53	53		amended by Chapters 851 (S.B. 1070), 1004 (H.B. 642), and 838 (S.B.
54	54		202), Acts of the 84th Legislature, Regular Session, 2015, is
55	55		reenacted and amended to read as follows:
56	56		(a) A person whose license is suspended under Section
57	57		521.372 may:
58	58		(1) attend an educational program, approved by the
59	59		Texas Department of Licensing and Regulation [Department of State
60	60		Health Services] under rules adopted by the Texas Commission of
61	61		Licensing and Regulation [executive commissioner of the Health and
62	62		Human Services Commission] and the department, that is designed to
63	63		educate persons on the dangers of drug abuse; or
64	64		(2) successfully complete education on the dangers of
65	65		drug abuse approved by the Department of State Health Services as
66	66		equivalent to the educational program described by Subdivision (1),
67	67		while the person is a resident of a facility for the treatment of
68	68		drug abuse or chemical dependency, including:
69	69		(A) a substance abuse treatment facility or
70	70		substance abuse felony punishment facility operated by the Texas
71	71		Department of Criminal Justice under Section 493.009, Government
72	72		Code;
73	73		(B) a community corrections facility, as defined
74	74		by Section 509.001, Government Code; or
75	75		(C) a chemical dependency treatment facility
76	76		licensed under Chapter 464, Health and Safety Code.
77	77		SECTION 4. Section 521.377, Transportation Code, is amended
78	78		by adding Subsection (a-1) to read as follows:
79	79		(a-1) Notwithstanding Subsection (a)(2), the court shall
80	80		end the period of suspension and immediately reinstate the license
81	81		of a person described by Section 521.3725 on notification described
82	82		by Subsection (a)(1), provided the person pays a fee in an amount
83	83		that is equivalent to the sum of all fees applicable to a suspension
84	84		and reinstatement of a license under this subchapter.
85	85		SECTION 5. This Act takes effect on the 91st day after the
86	86		date the office of the attorney general publishes in the Texas
87	87		Register a finding that:
88	88		(1) the legislature of this state has adopted a
89	89		resolution expressing the legislature's opposition to a law meeting
90	90		the requirements of 23 U.S.C. Section 159 in suspending, revoking,
91	91		or denying the driver's license of a person convicted of a drug
92	92		offense for a period of six months;
93	93		(2) the governor of this state has submitted to the
94	94		United States secretary of transportation:
95	95		(A) a written certification of the governor's
96	96		opposition to the enactment or enforcement of a law required under
97	97		23 U.S.C. Section 159; and
98	98		(B) a written certification that the legislature
99	99		has adopted the resolution described by Subdivision (1) of this
100	100		section; and
101	101		(3) the United States secretary of transportation has
102	102		responded to the governor's submission and certified that highway
103	103		funds will not be withheld from this state in response to the
104	104		modification or full or partial repeal of the law required under 23
105	105		U.S.C. Section 159.