| 1 | 1 | | H.B. No. 3647 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the imposition by the Department of Public Safety of |
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| 6 | 6 | | administrative and civil consequences for certain criminal |
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| 7 | 7 | | convictions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 521.042, Transportation Code, is amended |
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| 10 | 10 | | by adding Subsections (f) and (g) to read as follows: |
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| 11 | 11 | | (f) Except as provided by Subsection (g) and Chapter 706, |
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| 12 | 12 | | the department may not consider a record of a conviction of a |
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| 13 | 13 | | license holder that is received by the department after the first |
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| 14 | 14 | | anniversary of the date of the conviction in a decision to impose an |
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| 15 | 15 | | enforcement action against the license holder, including a decision |
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| 16 | 16 | | to suspend, revoke, or deny renewal of the license holder's driver's |
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| 17 | 17 | | license. |
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| 18 | 18 | | (g) The department may consider a record of a conviction of |
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| 19 | 19 | | a license holder that is received by the department after the first |
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| 20 | 20 | | anniversary of the date of the conviction in a decision to impose an |
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| 21 | 21 | | enforcement action against the license holder if: |
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| 22 | 22 | | (1) the license holder: |
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| 23 | 23 | | (A) is a commercial driver's license holder or |
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| 24 | 24 | | was a commercial driver's license holder at the time of the offense; |
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| 25 | 25 | | (B) was operating a commercial motor vehicle at |
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| 26 | 26 | | the time of the offense; or |
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| 27 | 27 | | (C) was operating a motor vehicle and |
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| 28 | 28 | | transporting a hazardous material at the time of the offense; or |
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| 29 | 29 | | (2) the conviction is for an offense under Chapter 49, |
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| 30 | 30 | | Penal Code. |
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| 31 | 31 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 32 | 32 | | ______________________________ ______________________________ |
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| 33 | 33 | | President of the Senate Speaker of the House |
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| 34 | 34 | | I certify that H.B. No. 3647 was passed by the House on April |
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| 35 | 35 | | 20, 2023, by the following vote: Yeas 143, Nays 3, 2 present, not |
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| 36 | 36 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 37 | 37 | | No. 3647 on May 17, 2023, by the following vote: Yeas 134, Nays 2, |
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| 38 | 38 | | 1 present, not voting. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Chief Clerk of the House |
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| 41 | 41 | | I certify that H.B. No. 3647 was passed by the Senate, with |
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| 42 | 42 | | amendments, on May 12, 2023, by the following vote: Yeas 29, Nays |
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| 43 | 43 | | 1. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Secretary of the Senate |
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| 46 | 46 | | APPROVED: __________________ |
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| 47 | 47 | | Date |
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| 48 | 48 | | __________________ |
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| 49 | 49 | | Governor |
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