Bill Text: TX HB137 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 137 (Prior Session Legislation)

Introduced

Bill Title: Relating to requiring a distinctive symbol or marking on the driver's license issued to a person convicted of certain intoxication offenses.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-02-11 - Referred to Homeland Security & Public Safety [HB137 Detail]

Download: Texas-2011-HB137-Introduced.html



	By: Gallego	H.B. No. 137



	A BILL TO BE ENTITLED
	AN ACT
	relating to requiring a distinctive symbol or marking on the
	driver's license issued to a person convicted of certain
	intoxication offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter F, Chapter 521, Transportation Code,
	is amended by adding Section 521.127 to read as follows:
	Sec. 521.127. DRIVER'S LICENSE FOR PERSONS CONVICTED OF
	CERTAIN INTOXICATED DRIVING OFFENSES. (a) In this section,
	"offense relating to the operating of a motor vehicle while
	intoxicated" has the meaning assigned by Section 49.09, Penal Code.
	(b) Notwithstanding Section 521.347, a court in which a
	person is convicted of an offense relating to the operating of a
	motor vehicle while intoxicated shall require the person to
	surrender to the court the person's driver's license.
	(c) A court that requires a person to surrender the person's
	driver's license under Subsection (b) shall send to the department:
	(1) a record of the person's conviction; and
	(2) an indication that the driver's license issued to
	the person is subject to the requirements of this section.
	(d) A person who is required to surrender the person's
	driver's license to the court under Subsection (b) may apply to the
	department for the issuance of a new or duplicate license provided
	that any applicable suspension period has expired.
	(e) On the payment of all required fees, the department
	shall issue to a person who applies for a new or duplicate license
	under Subsection (d) a driver's license that includes a distinctive
	symbol or marking on the face of the license identifying the license
	holder as a person who has been convicted of an offense relating to
	the operating of a motor vehicle while intoxicated. The department
	by rule shall specify the symbol or marking required by this
	subsection.
	(f) A driver's license issued under this section must
	include the symbol or marking required by Subsection (e) for the
	following time periods:
	(1) if the person to whom the license is issued has
	been convicted only one time of an offense relating to the operating
	of a motor vehicle while intoxicated, until the third anniversary
	of the later of:
	(A) the date of that conviction; or
	(B) the expiration of the period of suspension of
	the person's license as a result of the conviction;
	(2) if the person to whom the license is issued has
	been convicted two times of an offense relating to the operating of
	a motor vehicle while intoxicated, until the fifth anniversary of
	the later of:
	(A) the date of the person's most recent
	conviction of an offense relating to the operating of a motor
	vehicle while intoxicated; or
	(B) the expiration of the period of suspension of
	the person's license as a result of that conviction; or
	(3) if the person to whom the license is issued has
	been convicted three or more times of an offense relating to the
	operating of a motor vehicle while intoxicated, permanently.
	(g) The symbol or marking required by Subsection (e) is in
	addition to any other information on the person's driver's license
	required by this chapter or the department.
	(h) On or after the expiration of the time period specified
	by Subsection (f)(1) or (2), as applicable, a person issued a
	driver's license under Subsection (e) may apply to the department
	for a license that does not include the distinctive symbol or
	marking.
	SECTION 2. Section 521.127, Transportation Code, as added
	by this Act, applies only to a person who is convicted of an offense
	on or after the effective date of this Act. A person who was
	convicted of an offense before the effective date of this Act is
	governed by the law in effect when the person was convicted, and the
	former law is continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2011.