Texas 2021 - 87th Regular

Texas House Bill HB556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2547 JSC-F
2	2	By: White H.B. No. 556
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 offenses and the educational program required for
9	9	reinstatement of a license following certain convictions;
10	10	authorizing a fine.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 102, Code of Criminal
13	13	Procedure, is amended by adding Article 102.0179 to read as
14	14	follows:
15	15	Art. 102.0179. FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED
16	16	SUBSTANCE ACT CONVICTIONS. (a) In this article, "convicted"
17	17	includes an adjudication under juvenile proceedings.
18	18	(b) In addition to any other fees and fines imposed under
19	19	this subchapter, a defendant convicted of an offense described by
20	20	Section 521.372(a), Transportation Code, shall pay a fine in an
21	21	amount that is equivalent to the sum of all fees applicable to a
22	22	suspension and reinstatement of a driver's license under Chapter
23	23	521, Transportation Code. The Department of Public Safety shall
24	24	annually calculate and make available the amount of the fine
25	25	described by this subsection.
26	26	(c) The court shall waive imposition of a fine under this
27	27	article if the defendant's driver's license is suspended under
28	28	Section 521.3725(c), Transportation Code, or under another
29	29	provision of that code as a result of the conviction of:
30	30	(1) an offense described by Section 521.372(a),
31	31	Transportation Code; or
32	32	(2) another offense arising from the same criminal
33	33	episode.
34	34	(d) A fine imposed under this article is due regardless of
35	35	whether the defendant is granted community supervision in the case.
36	36	The court shall collect the fine under this article in the same
37	37	manner as court costs are collected in the case.
38	38	(e) A fine collected under this article shall be deposited
39	39	to the credit of the Texas mobility fund.
40	40	SECTION 2. Section 521.372(c), Transportation Code, is
41	41	amended to read as follows:
42	42	(c) Except as provided by Section 521.374(b), the period of
43	43	suspension under this section is the 90 [180] days after the date of
44	44	a final conviction, and the period of license denial is the 90 [180]
45	45	days after the date the person applies to the department for
46	46	reinstatement or issuance of a driver's license.
47	47	SECTION 3. Subchapter P, Chapter 521, Transportation Code,
48	48	is amended by adding Section 521.3725 to read as follows:
49	49	Sec. 521.3725. DISCRETIONARY LICENSE SUSPENSION.
50	50	(a) This section applies only to a person:
51	51	(1) who is convicted of an offense described by
52	52	Section 521.372(a); and
53	53	(2) whose driver's license is not subject to
54	54	suspension for:
55	55	(A) the offense described by Section 521.372(a)
56	56	under a provision other than Section 521.372; or
57	57	(B) another offense arising from the same
58	58	criminal episode.
59	59	(b) A person described by Subsection (a) of this section is
60	60	not subject to automatic license suspension under Section 521.372,
61	61	notwithstanding Subsection (a) of that section.
62	62	(c) A court may order the department to suspend the license
63	63	of a person described by Subsection (a) if the court determines that
64	64	suspending the person's license is in the interest of public
65	65	safety. The court must make the determination in writing and
66	66	include a justification for the determination.
67	67	(d) A person whose license is suspended under Subsection (c)
68	68	is subject to the same fees and other conditions as a person whose
69	69	license is automatically suspended under Section 521.372.
70	70	SECTION 4. Section 521.374(a), Transportation Code, as
71	71	amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.
72	72	642), Acts of the 84th Legislature, Regular Session, 2015, is
73	73	reenacted and amended to read as follows:
74	74	(a) A person whose license is suspended under Section
75	75	521.372 may:
76	76	(1) successfully complete [attend] an in-person or
77	77	online educational program, approved by the Texas Department of
78	78	Licensing and Regulation [Department of State Health Services]
79	79	under rules adopted by the Texas Commission of Licensing and
80	80	Regulation [executive commissioner of the Health and Human Services
81	81	Commission] and the department, that is designed to educate persons
82	82	on the dangers of drug abuse; or
83	83	(2) successfully complete education on the dangers of
84	84	drug abuse approved by the Department of State Health Services as
85	85	equivalent to the educational program described by Subdivision (1),
86	86	while the person is a resident of a facility for the treatment of
87	87	drug abuse or chemical dependency, including:
88	88	(A) a substance abuse treatment facility or
89	89	substance abuse felony punishment facility operated by the Texas
90	90	Department of Criminal Justice under Section 493.009, Government
91	91	Code;
92	92	(B) a community corrections facility, as defined
93	93	by Section 509.001, Government Code; or
94	94	(C) a chemical dependency treatment facility
95	95	licensed under Chapter 464, Health and Safety Code.
96	96	SECTION 5. Section 521.374, Transportation Code, is amended
97	97	by amending Subsection (b) and adding Subsection (c) to read as
98	98	follows:
99	99	(b) The period of suspension or prohibition under Section
100	100	521.372(c) continues for an indefinite period until the individual
101	101	successfully completes the in-person or online educational program
102	102	under Subsection (a)(1) or is released from the residential
103	103	treatment facility at which the individual successfully completed
104	104	equivalent education under Subsection (a)(2), as applicable.
105	105	(c) The department shall provide to a person whose license
106	106	is suspended under this subchapter a list of providers of
107	107	educational programs under Subsection (a)(1).
108	108	SECTION 6. Section 521.375, Transportation Code, as amended
109	109	by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the 84th
110	110	Legislature, Regular Session, 2015, is reenacted and amended to
111	111	read as follows:
112	112	Sec. 521.375. JOINT ADOPTION OF RULES. (a) The Texas
113	113	Commission of Licensing and Regulation and the department shall
114	114	jointly adopt rules for the qualification and approval of providers
115	115	of in-person and online educational programs under Section
116	116	521.374(a)(1) [521.374].
117	117	(a-1) The executive commissioner of the Health and Human
118	118	Services Commission and the department shall jointly adopt rules
119	119	for the qualification and approval of[:
120	120	[(1) providers of educational programs under Section
121	121	521.374(a)(1); and
122	122	[(2)] equivalent education provided in a residential
123	123	treatment facility described by Section 521.374(a)(2).
124	124	(b) The Texas Department of Licensing and Regulation shall
125	125	publish the jointly adopted rules under Subsection (a).
126	126	(c) The Department of State Health Services shall publish
127	127	the jointly adopted rules under Subsection (a-1).
128	128	SECTION 7. Section 521.376, Transportation Code, as amended
129	129	by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the 84th
130	130	Legislature, Regular Session, 2015, is reenacted and amended to
131	131	read as follows:
132	132	Sec. 521.376. DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
133	133	REGULATION AND DEPARTMENT OF STATE HEALTH SERVICES; APPLICATION AND
134	134	RENEWAL FEES. (a) The Texas Department of Licensing and
135	135	Regulation:
136	136	(1) shall monitor, coordinate, and provide training to
137	137	persons who provide in-person and online educational programs under
138	138	Section 521.374(a)(1) [521.374];
139	139	(2) shall administer the approval of those in-person
140	140	and online educational programs; and
141	141	(3) may charge a nonrefundable application fee to the
142	142	provider of an in-person or online educational program under
143	143	Section 521.374(a)(1) for:
144	144	(A) initial certification of approval; and
145	145	(B) renewal of the certification.
146	146	(b) The Department of State Health Services:
147	147	(1) shall monitor, coordinate, and provide training
148	148	to[:
149	149	[(A) persons who provide educational programs
150	150	under Section 521.374(a)(1); and
151	151	[(B)] residential treatment facilities described
152	152	by Section 521.374(a)(2) providing equivalent education; and
153	153	(2) shall administer the approval of the [educational
154	154	programs and the] equivalent education provided in a residential
155	155	treatment facility[; and
156	156	[(3) may charge a nonrefundable application fee to the
157	157	provider of an educational program under Section 521.374(a)(1) for:
158	158	[(A) initial certification of approval; and
159	159	[(B) renewal of the certification].
160	160	SECTION 8. Not later than September 1, 2022, the Texas
161	161	Commission of Licensing and Regulation and the Texas Department of
162	162	Motor Vehicles shall adopt rules to implement Sections 521.374,
163	163	521.375, and 521.376, Transportation Code, as amended by this Act.
164	164	SECTION 9. (a) Except as otherwise provided by this
165	165	section, this Act takes effect September 1, 2021.
166	166	(b) Article 102.0179, Code of Criminal Procedure, and
167	167	Section 521.3725, Transportation Code, as added by this Act, take
168	168	effect on the 91st day after the date the office of the attorney
169	169	general publishes in the Texas Register a finding that:
170	170	(1) the legislature of this state has adopted a
171	171	resolution expressing the legislature's opposition to a law meeting
172	172	the requirements of 23 U.S.C. Section 159 in suspending, revoking,
173	173	or denying the driver's license of a person convicted of a drug
174	174	offense for a period of six months;
175	175	(2) the governor has submitted to the United States
176	176	secretary of transportation:
177	177	(A) a written certification of the governor's
178	178	opposition to the enactment or enforcement of a law required under
179	179	23 U.S.C. Section 159; and
180	180	(B) a written certification that the legislature
181	181	has adopted the resolution described by Subdivision (1) of this
182	182	subsection; and
183	183	(3) the United States secretary of transportation has
184	184	responded to the governor's submission and certified that highway
185	185	funds will not be withheld from this state in response to the
186	186	modification or full or partial repeal of the law required under 23
187	187	U.S.C. Section 159.
188	188	(c) On the 180th day after the date described in Subsection
189	189	(b) of this section, the Department of Public Safety shall
190	190	reinstate any driver's license that:
191	191	(1) was suspended under Section 521.372,
192	192	Transportation Code, before the date described by Subsection (b) of
193	193	this section; and
194	194	(2) remains subject to suspension under that section
195	195	on the 180th day after the date described in Subsection (b) of this
196	196	section.