Texas 2021 - 87th Regular

Texas Senate Bill SB181 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 181
	1	+	87R22252 JSC-F
	2	+	By: Johnson, et al. S.B. No. 181
	3	+	(White)
	4	+	Substitute the following for S.B. No. 181: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to suspension of a driver's license for persons convicted
6	10		of certain offenses and the educational program required for
7	11		reinstatement of a license following certain convictions;
8	12		authorizing a fine.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		ARTICLE 1. DISCRETIONARY LICENSE SUSPENSION
11	15		SECTION 1.01. Subchapter A, Chapter 102, Code of Criminal
12	16		Procedure, is amended by adding Article 102.0179 to read as
13	17		follows:
14	18		Art. 102.0179. FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED
15	19		SUBSTANCE ACT CONVICTIONS. (a) In this article, "convicted"
16	20		includes an adjudication under juvenile proceedings.
17	21		(b) In addition to any other fees and fines imposed under
18		-	this subchapter, a defendant convicted of a misdemeanor drug
19		-	offense as defined by Section 521.371, Transportation Code, whose
20		-	driver's license is not suspended under Section 521.372,
21		-	Transportation Code, as a result of that conviction, shall pay a
	22	+	this subchapter, a defendant convicted of an offense described by
	23	+	Section 521.372(a), Transportation Code, who holds a valid driver's
	24	+	license on the date the order of conviction is entered shall pay a
22	25		fine of $100.
23	26		(c) The court shall waive imposition of a fine under this
24	27		article if the defendant's driver's license is suspended under
25	28		Section 521.372, Transportation Code, or under another provision of
26	29		that code as a result of the conviction of:
27	30		(1) an offense described by Section 521.372(a),
28	31		Transportation Code; or
29	32		(2) another offense arising from the same criminal
30	33		episode.
31	34		(d) A fine imposed under this article is due regardless of
32	35		whether the defendant is granted community supervision in the case.
33	36		The court shall collect the fine under this article in the same
34	37		manner as court costs are collected in the case.
35	38		(e) A fine collected under this article shall be deposited
36	39		to the credit of the Texas mobility fund.
37	40		SECTION 1.02. The heading to Subchapter P, Chapter 521,
38	41		Transportation Code, is amended to read as follows:
39	42		SUBCHAPTER P. [AUTOMATIC] SUSPENSION FOR CERTAIN DRUG OFFENSES
40	43		SECTION 1.03. Section 521.372, Transportation Code, is
41	44		amended to read as follows:
42	45		Sec. 521.372. [AUTOMATIC] SUSPENSION OR[;] LICENSE DENIAL.
43	46		(a) A person's driver's license is automatically suspended on final
44	47		conviction of:
45	48		(1) an offense under the Controlled Substances Act;
46	49		(2) a felony drug offense; [or]
47	50		(3) a misdemeanor drug offense, if the person has been
48	51		previously convicted of a drug offense committed less than 36
49	52		months before the commission of the instant offense; or
50	53		(4) a felony under Chapter 481, Health and Safety
51	54		Code, that is not a drug offense.
52	55		(b) The department may not issue a driver's license to a
53	56		person convicted of an offense specified in Subsection (a) who, on
54	57		the date of the conviction, did not hold a driver's license.
55	58		(b-1) Except as provided by Subsection (a)(3), the court may
56	59		order that the department suspend the license of a person who holds
57	60		a license at the time of final conviction of a misdemeanor drug
58	61		offense if the court makes a written determination that the
59	62		suspension is in the interest of public safety.
60	63		(c) Except as provided by Section 521.374(b), the period of
61	64		suspension or license denial under this section is 90 [the 180] days
62	65		after the date of a final conviction[, and the period of license
63	66		denial is the 180 days after the date the person applies to the
64	67		department for reinstatement or issuance of a driver's license].
65	68		ARTICLE 2. EDUCATIONAL PROGRAMS
66	69		SECTION 2.01. Section 521.374(a), Transportation Code, as
67	70		amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.
68	71		642), Acts of the 84th Legislature, Regular Session, 2015, is
69	72		reenacted and amended to read as follows:
70	73		(a) A person whose license is suspended under Section
71	74		521.372 may:
72	75		(1) successfully complete [attend] an in-person or
73	76		online educational program, approved by the Texas Department of
74	77		Licensing and Regulation [Department of State Health Services]
75	78		under rules adopted by the Texas Commission of Licensing and
76	79		Regulation [executive commissioner of the Health and Human Services
77	80		Commission] and the department, that is designed to educate persons
78	81		on the dangers of drug abuse; or
79	82		(2) successfully complete education on the dangers of
80	83		drug abuse approved by the Department of State Health Services as
81	84		equivalent to the educational program described by Subdivision (1),
82	85		while the person is a resident of a facility for the treatment of
83	86		drug abuse or chemical dependency, including:
84	87		(A) a substance abuse treatment facility or
85	88		substance abuse felony punishment facility operated by the Texas
86	89		Department of Criminal Justice under Section 493.009, Government
87	90		Code;
88	91		(B) a community corrections facility, as defined
89	92		by Section 509.001, Government Code; or
90	93		(C) a chemical dependency treatment facility
91	94		licensed under Chapter 464, Health and Safety Code.
92	95		SECTION 2.02. Section 521.374(b), Transportation Code, is
93	96		amended to read as follows:
94	97		(b) The period of suspension or prohibition under Section
95	98		521.372(c) continues until the earlier of:
96	99		(1) the date [for an indefinite period until] the
97	100		individual successfully completes the in-person or online
98	101		educational program under Subsection (a)(1) or is released from the
99	102		residential treatment facility at which the individual
100	103		successfully completed equivalent education under Subsection
101	104		(a)(2), as applicable; or
102	105		(2) the second anniversary of the date the suspension
103	106		or prohibition was imposed.
104	107		SECTION 2.03. Section 521.375, Transportation Code, as
105	108		amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
106	109		84th Legislature, Regular Session, 2015, is reenacted and amended
107	110		to read as follows:
108	111		Sec. 521.375. JOINT ADOPTION OF RULES. (a) The Texas
109	112		Commission of Licensing and Regulation and the department shall
110	113		jointly adopt rules for the qualification and approval of providers
111	114		of in-person and online educational programs under Section
112	115		521.374(a)(1) [521.374].
113	116		(a-1) The executive commissioner of the Health and Human
114	117		Services Commission and the department shall jointly adopt rules
115	118		for the qualification and approval of[:
116	119		[(1) providers of educational programs under Section
117	120		521.374(a)(1); and
118	121		[(2)] equivalent education provided in a residential
119	122		treatment facility described by Section 521.374(a)(2).
120	123		(b) The Texas Department of Licensing and Regulation shall
121	124		publish the jointly adopted rules under Subsection (a).
122	125		(c) The Department of State Health Services shall publish
123	126		the jointly adopted rules under Subsection (a-1).
124	127		SECTION 2.04. Section 521.376, Transportation Code, as
125	128		amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
126	129		84th Legislature, Regular Session, 2015, is reenacted and amended
127	130		to read as follows:
128	131		Sec. 521.376. DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
129	132		REGULATION AND DEPARTMENT OF STATE HEALTH SERVICES; APPLICATION AND
130	133		RENEWAL FEES. (a) The Texas Department of Licensing and
131	134		Regulation:
132	135		(1) shall monitor, coordinate, and provide training to
133	136		persons who provide in-person and online educational programs under
134	137		Section 521.374(a)(1) [521.374];
135	138		(2) shall administer the approval of those in-person
136	139		and online educational programs; and
137	140		(3) may charge a nonrefundable application fee to the
138	141		provider of an in-person or online educational program under
139	142		Section 521.374(a)(1) for:
140	143		(A) initial certification of approval; and
141	144		(B) renewal of the certification.
142	145		(b) The Department of State Health Services:
143	146		(1) shall monitor, coordinate, and provide training
144	147		to[:
145	148		[(A) persons who provide educational programs
146	149		under Section 521.374(a)(1); and
147	150		[(B)] residential treatment facilities described
148	151		by Section 521.374(a)(2) providing equivalent education; and
149	152		(2) shall administer the approval of the [educational
150	153		programs and the] equivalent education provided in a residential
151	154		treatment facility[; and
152	155		[(3) may charge a nonrefundable application fee to the
153	156		provider of an educational program under Section 521.374(a)(1) for:
154	157		[(A) initial certification of approval; and
155	158		[(B) renewal of the certification].
156	159		ARTICLE 3. TRANSITION; EFFECTIVE DATE
157		-	SECTION 3.01. (a) Section 3, Chapter 710 (H.B. 162), Acts
158		-	of the 86th Legislature, Regular Session, 2019, is repealed.
159		-	(b) Section 521.293, Transportation Code, as amended by
160		-	Chapter 710 (H.B. 162), Acts of the 86th Legislature, Regular
161		-	Session, 2019, applies to a determination to suspend a driver's
162		-	license that is made by the Department of Public Safety of the State
163		-	of Texas before, on, or after the effective date of this Act.
164		-	SECTION 3.02. Not later than September 1, 2022, the Texas
	160	+	SECTION 3.01. Not later than September 1, 2022, the Texas
165	161		Commission of Licensing and Regulation and the Department of Public
166	162		Safety shall adopt rules to implement Sections 521.374, 521.375,
167	163		and 521.376, Transportation Code, as amended by this Act.
168		-	SECTION 3.03. (a) Except as otherwise provided by this
	164	+	SECTION 3.02. (a) Except as otherwise provided by this
169	165		section, this Act takes effect September 1, 2021.
170	166		(b) Article 1 of this Act takes effect on the 91st day after
171	167		the date the office of the attorney general publishes in the Texas
172	168		Register a finding that:
173	169		(1) the legislature of this state has adopted a
174	170		resolution expressing the legislature's opposition to a law meeting
175	171		the requirements of 23 U.S.C. Section 159 in suspending, revoking,
176	172		or denying the driver's license of a person convicted of a drug
177	173		offense for a period of six months;
178	174		(2) the governor has submitted to the United States
179	175		secretary of transportation:
180	176		(A) a written certification of the governor's
181	177		opposition to the enactment or enforcement of a law required under
182	178		23 U.S.C. Section 159; and
183	179		(B) a written certification that the legislature
184	180		has adopted the resolution described by Subdivision (1) of this
185	181		subsection; and
186	182		(3) the United States secretary of transportation has
187	183		responded to the governor's submission and certified that highway
188	184		funds will not be withheld from this state in response to the
189	185		modification or full or partial repeal of the law required under 23
190	186		U.S.C. Section 159.
191	187		(c) On the 180th day after the date described in Subsection
192	188		(b) of this section, the Department of Public Safety shall
193	189		reinstate any driver's license that:
194	190		(1) was suspended under Section 521.372,
195	191		Transportation Code, before the date described by Subsection (b) of
196	192		this section; and
197	193		(2) remains subject to suspension under that section
198	194		on the 180th day after the date described in Subsection (b) of this
199	195		section.
200		-	______________________________ ______________________________
201		-	President of the Senate Speaker of the House
202		-	I hereby certify that S.B. No. 181 passed the Senate on
203		-	May 3, 2021, by the following vote: Yeas 30, Nays 0; and that the
204		-	Senate concurred in House amendments on May 27, 2021, by the
205		-	following vote: Yeas 31, Nays 0.
206		-	______________________________
207		-	Secretary of the Senate
208		-	I hereby certify that S.B. No. 181 passed the House, with
209		-	amendments, on May 24, 2021, by the following vote: Yeas 138,
210		-	Nays 3, one present not voting.
211		-	______________________________
212		-	Chief Clerk of the House
213		-	Approved:
214		-	______________________________
215		-	Date
216		-	______________________________
217		-	Governor