Bill Text: TX HB2922 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the suspension of the driver's license of a person arrested for an offense involving the operation of a motor vehicle while intoxicated or under the influence of alcohol.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-14 - Referred to Homeland Security & Public Safety [HB2922 Detail]
Download: Texas-2023-HB2922-Introduced.html
88R12379 CJD-D | ||
By: Dutton | H.B. No. 2922 |
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relating to the suspension of the driver's license of a person | ||
arrested for an offense involving the operation of a motor vehicle | ||
while intoxicated or under the influence of alcohol. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 524, Transportation Code, is repealed. | ||
SECTION 2. Article 55.06, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 55.06. LICENSE SUSPENSIONS AND REVOCATIONS. Records | ||
relating to the suspension or revocation of a driver's license, | ||
permit, or privilege to operate a motor vehicle may not be expunged | ||
under this chapter except as provided in Section 724.048 [ |
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Transportation Code[ |
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SECTION 3. Section 54.042(h), Family Code, is amended to | ||
read as follows: | ||
(h) If a child is adjudicated for conduct that violates | ||
Section 49.04, 49.07, or 49.08, Penal Code, and if any conduct on | ||
which that adjudication is based is a ground for a driver's license | ||
suspension under Chapter [ |
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the suspensions shall be imposed. The court imposing a driver's | ||
license suspension under this section shall credit a period of | ||
suspension imposed under Chapter [ |
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toward the period of suspension required under this section, except | ||
that if the child was previously adjudicated for conduct that | ||
violates Section 49.04, 49.07, or 49.08, Penal Code, credit may not | ||
be given. | ||
SECTION 4. Section 75.014(e), Government Code, is amended | ||
to read as follows: | ||
(e) The County Courts at Law No. 6 and No. 7 of El Paso | ||
County, Texas, are designated as criminal misdemeanor courts. | ||
Courts designated as criminal misdemeanor courts shall give | ||
preference to and have primary responsibility for: | ||
(1) criminal misdemeanor cases; | ||
(2) appeals or petitions under Section 501.052, | ||
521.242, or 521.302[ |
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(3) misdemeanor bail bond and personal bond forfeiture | ||
cases; and | ||
(4) appeals de novo from the municipal and justice | ||
courts. | ||
SECTION 5. Section 123.009, Government Code, is amended to | ||
read as follows: | ||
Sec. 123.009. OCCUPATIONAL DRIVER'S LICENSE. | ||
Notwithstanding Section 521.242, Transportation Code, if a | ||
participant's driver's license has been suspended as a result of an | ||
alcohol-related or drug-related enforcement contact, as defined by | ||
Section 724.035 [ |
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conviction under Section 49.04, 49.07, or 49.08, Penal Code, the | ||
judge or magistrate administering a drug court program under this | ||
chapter may order that an occupational license be issued to the | ||
participant. An order issued under this section is subject to | ||
Sections 521.248-521.252, Transportation Code, except that any | ||
reference to a petition under Section 521.242 of that code does not | ||
apply. | ||
SECTION 6. Sections 521.245(a) and (e), Transportation | ||
Code, are amended to read as follows: | ||
(a) If the petitioner's license has been suspended under | ||
Chapter [ |
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attend a program approved by the court that is designed to provide | ||
counseling and rehabilitation services to persons for alcohol | ||
dependence. This requirement shall be stated in the order granting | ||
the occupational license. | ||
(e) On receipt of the copy under Subsection (d), the | ||
department shall suspend the person's occupational license for[ |
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[ |
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[ |
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SECTION 7. Section 521.2461, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 521.2461. TESTING FOR ALCOHOL OR CONTROLLED | ||
SUBSTANCES. The court granting an occupational license under this | ||
subchapter may require as a condition of the license that the person | ||
submit to periodic testing for alcohol or controlled substances, to | ||
be conducted by an entity specified by the court, if the person's | ||
license has been suspended under Chapter [ |
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of the person's conviction of an offense involving the operation of | ||
a motor vehicle while intoxicated. | ||
SECTION 8. Sections 521.251(a) and (e), Transportation | ||
Code, are amended to read as follows: | ||
(a) If a person's license is suspended under Chapter [ |
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an alcohol-related or drug-related enforcement contact in the five | ||
years preceding the date of the person's arrest, an order under this | ||
subchapter granting the person an occupational license takes effect | ||
immediately. However, the court shall order the person to comply | ||
with the counseling and rehabilitation program required under | ||
Section 521.245. | ||
(e) For the purposes of this section, "alcohol-related or | ||
drug-related enforcement contact" has the meaning assigned by | ||
Section 724.035 [ |
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SECTION 9. Sections 522.081(b) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(b) Except as provided by this subsection, this subsection | ||
applies to a violation committed while operating any type of motor | ||
vehicle, including a commercial motor vehicle. A person who holds | ||
a commercial driver's license or commercial learner's permit is | ||
disqualified from driving a commercial motor vehicle for one year: | ||
(1) if convicted of three violations of a law that | ||
regulates the operation of a motor vehicle at a railroad grade | ||
crossing that occur within a three-year period; | ||
(2) on first conviction of: | ||
(A) driving a motor vehicle under the influence | ||
of alcohol or a controlled substance, including a violation of | ||
Section 49.04, 49.045, or 49.07, Penal Code; | ||
(B) leaving the scene of an accident involving a | ||
motor vehicle driven by the person; | ||
(C) using a motor vehicle in the commission of a | ||
felony, other than a felony described by Subsection (d)(2); | ||
(D) causing the death of another person through | ||
the negligent or criminal operation of a motor vehicle; or | ||
(E) driving a commercial motor vehicle while the | ||
person's commercial driver's license or commercial learner's permit | ||
is revoked, suspended, or canceled, or while the person is | ||
disqualified from driving a commercial motor vehicle, for an action | ||
or conduct that occurred while operating a commercial motor | ||
vehicle; | ||
(3) for refusing to submit to a test under Chapter 724 | ||
to determine the person's alcohol concentration or the presence in | ||
the person's body of a controlled substance or drug while operating | ||
a motor vehicle in a public place; or | ||
(4) if an analysis of the person's blood, breath, or | ||
urine under this chapter or Chapter [ |
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that the person: | ||
(A) had an alcohol concentration of 0.04 or more, | ||
or that a controlled substance or drug was present in the person's | ||
body, while operating a commercial motor vehicle in a public place; | ||
or | ||
(B) had an alcohol concentration of 0.08 or more | ||
while operating a motor vehicle, other than a commercial motor | ||
vehicle, in a public place. | ||
(c) A person who holds a commercial driver's license is | ||
disqualified from operating a commercial motor vehicle for three | ||
years if: | ||
(1) the person: | ||
(A) is convicted of an offense listed in | ||
Subsection (b)(2) and the vehicle being operated by the person was | ||
transporting a hazardous material required to be placarded; or | ||
(B) refuses to submit to a test under Chapter 724 | ||
to determine the person's alcohol concentration or the presence in | ||
the person's body of a controlled substance or drug while operating | ||
a motor vehicle in a public place and the vehicle being operated by | ||
the person was transporting a hazardous material required to be | ||
placarded; or | ||
(2) an analysis of the person's blood, breath, or urine | ||
under this chapter or Chapter [ |
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while transporting a hazardous material required to be placarded | ||
the person: | ||
(A) while operating a commercial motor vehicle in | ||
a public place had an alcohol concentration of 0.04 or more, or a | ||
controlled substance or drug present in the person's body; or | ||
(B) while operating a motor vehicle, other than a | ||
commercial motor vehicle, in a public place had an alcohol | ||
concentration of 0.08 or more. | ||
SECTION 10. Section 522.092, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 522.092. SUSPENSION, REVOCATION, CANCELLATION, OR | ||
DENIAL OF DRIVER'S LICENSE UNDER OTHER LAWS. A person subject to | ||
disqualification under this chapter may also have the person's | ||
driver's license suspended, revoked, canceled, or denied under one | ||
or more of the following, if the conduct that is a ground for | ||
disqualification is also a ground for the suspension, revocation, | ||
cancellation, or denial of a driver's license suspension under: | ||
(1) Chapter 521; | ||
(2) [ |
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[ |
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(3) [ |
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SECTION 11. Sections 522.105(b) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(b) Except as provided by Subsection (c), the procedure for | ||
notice and disqualification under this section is that specified by | ||
Subchapters C and D, Chapter 724[ |
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(d) An appeal of a disqualification under this section is | ||
subject to Sections 724.101-724.104 [ |
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SECTION 12. Section 724.035, Transportation Code, is | ||
amended by amending Subsection (b) and adding Subsection (d) to | ||
read as follows: | ||
(b) The period of suspension or denial is two years if the | ||
person's driving record shows one or more alcohol-related or | ||
drug-related enforcement contacts[ |
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arrest. | ||
(d) In this chapter, "alcohol-related or drug-related | ||
enforcement contact" means a driver's license suspension, | ||
disqualification, or prohibition order under the laws of this state | ||
or another state resulting from: | ||
(1) a conviction of an offense prohibiting the | ||
operation of a motor vehicle while: | ||
(A) intoxicated; | ||
(B) under the influence of alcohol; or | ||
(C) under the influence of a controlled | ||
substance; | ||
(2) a refusal to submit to the taking of a breath or | ||
blood specimen following an arrest for an offense prohibiting the | ||
operation of a motor vehicle while: | ||
(A) intoxicated; | ||
(B) under the influence of alcohol; or | ||
(C) under the influence of a controlled | ||
substance; or | ||
(3) an analysis of a breath or blood specimen showing | ||
an alcohol concentration of a level specified by Section 49.01, | ||
Penal Code, following an arrest for an offense prohibiting the | ||
operation of a motor vehicle while intoxicated. | ||
SECTION 13. Section 724.041(g), Transportation Code, is | ||
amended to read as follows: | ||
(g) An administrative hearing under this section is | ||
governed by this subchapter [ |
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SECTION 14. Section 724.047, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 724.047. APPEAL. Subchapter F [ |
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appeal from an action of the department, following an | ||
administrative hearing under this subchapter [ |
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suspending or denying the issuance of a license. | ||
SECTION 15. Chapter 724, Transportation Code, is amended by | ||
adding Subchapter F to read as follows: | ||
SUBCHAPTER F. APPEAL | ||
Sec. 724.101. APPEAL FROM ADMINISTRATIVE HEARING. (a) A | ||
person whose driver's license suspension is sustained may appeal | ||
the decision by filing a petition not later than the 30th day after | ||
the date the administrative law judge's decision is final. The | ||
administrative law judge's final decision is immediately | ||
appealable without the requirement of a motion for rehearing. | ||
(b) A petition under Subsection (a) must be filed in a | ||
county court at law in the county in which the person was arrested | ||
or, if there is not a county court at law in the county, in the | ||
county court. If the county judge is not a licensed attorney, the | ||
county judge shall transfer the case to a district court for the | ||
county on the motion of either party or of the judge. | ||
(c) A person who files an appeal under this section shall | ||
send a copy of the petition by certified mail to the department and | ||
to the State Office of Administrative Hearings at each agency's | ||
headquarters in Austin. The copy must be certified by the clerk of | ||
the court in which the petition is filed. | ||
(d) The department's right to appeal is limited to issues of | ||
law. | ||
(e) A district or county attorney may represent the | ||
department in an appeal. | ||
Sec. 724.102. STAY OF SUSPENSION ON APPEAL. (a) A | ||
suspension of a driver's license under Subchapter C is stayed on the | ||
filing of an appeal petition only if: | ||
(1) the person's driver's license has not been | ||
suspended as a result of an alcohol-related or drug-related | ||
enforcement contact during the five years preceding the date of the | ||
person's arrest; and | ||
(2) the person has not been convicted during the 10 | ||
years preceding the date of the person's arrest of an offense under: | ||
(A) Article 6701l-1, Revised Statutes, as that | ||
law existed before September 1, 1994; | ||
(B) Section 19.05(a)(2), Penal Code, as that law | ||
existed before September 1, 1994; | ||
(C) Section 49.04, 49.045, or 49.06, Penal Code; | ||
(D) Section 49.07 or 49.08, Penal Code, if the | ||
offense involved the operation of a motor vehicle or watercraft; or | ||
(E) Section 106.041, Alcoholic Beverage Code. | ||
(b) A stay under this section is effective for not more than | ||
90 days after the date the appeal petition is filed. On the | ||
expiration of the stay, the department shall impose the suspension. | ||
The department or court may not grant an extension of the stay or an | ||
additional stay. | ||
Sec. 724.103. REVIEW; ADDITIONAL EVIDENCE. (a) Review on | ||
appeal is on the record certified by the State Office of | ||
Administrative Hearings with no additional testimony. | ||
(b) On appeal, a party may apply to the court to present | ||
additional evidence. If the court is satisfied that the additional | ||
evidence is material and that there were good reasons for the | ||
failure to present it in the proceeding before the administrative | ||
law judge, the court may order that the additional evidence be taken | ||
before an administrative law judge on conditions determined by the | ||
court. | ||
(c) There is no right to a jury trial in an appeal under this | ||
section. | ||
(d) An administrative law judge may change a finding or | ||
decision as to whether the person had an alcohol concentration of a | ||
level specified in Section 49.01, Penal Code, or whether a minor had | ||
any detectable amount of alcohol in the minor's system because of | ||
the additional evidence and shall file the additional evidence and | ||
any changes, new findings, or decisions with the reviewing court. | ||
(e) A remand under this section does not stay the suspension | ||
of a driver's license. | ||
Sec. 724.104. TRANSCRIPT OF ADMINISTRATIVE HEARING. (a) | ||
To obtain a transcript of an administrative hearing, the party who | ||
appeals the administrative law judge's decision must apply to the | ||
State Office of Administrative Hearings. | ||
(b) On payment of a fee not to exceed the actual cost of | ||
preparing the transcript, the State Office of Administrative | ||
Hearings shall promptly furnish both parties with a transcript of | ||
the administrative hearing. | ||
SECTION 16. The change in law made by this Act applies only | ||
to a person arrested for an offense committed on or after the | ||
effective date of this Act. A person arrested for an offense | ||
committed before the effective date of this Act is covered by the | ||
law in effect when the offense was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense was committed before the effective date of this Act if | ||
any element of the offense occurred before that date. | ||
SECTION 17. This Act takes effect September 1, 2023. |