By: Guillen (Senate Sponsor - LaMantia) H.B. No. 3647
(In the Senate - Received from the House April 24, 2023;
April 25, 2023, read first time and referred to Committee on State
Affairs; May 10, 2023, reported favorably by the following vote:
Yeas 11, Nays 0; May 10, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the imposition by the Department of Public Safety of
administrative and civil consequences for certain criminal
convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.042, Transportation Code, is amended
by adding Subsections (f) and (g) to read as follows:
(f) Except as provided by Subsection (g), the department may
not consider a record of a conviction of a license holder that is
received by the department after the first anniversary of the date
of the conviction in a decision to impose an enforcement action
against the license holder, including a decision to suspend,
revoke, or deny renewal of the license holder's driver's license.
(g) The department may consider a record of a conviction of
a license holder that is received by the department after the first
anniversary of the date of the conviction in a decision to impose an
enforcement action against the license holder if:
(1) the license holder:
(A) is a commercial driver's license holder or
was a commercial driver's license holder at the time of the offense;
(B) was operating a commercial motor vehicle at
the time of the offense; or
(C) was operating a motor vehicle and
transporting a hazardous material at the time of the offense; or
(2) the conviction is for an offense under Chapter 49,
Penal Code.
SECTION 2. This Act takes effect September 1, 2023.
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