By: Carter	H.B. No. 3815

	A BILL TO BE ENTITLED
	AN ACT
	relating to the suspension of a person's driver's license or permit
	on conviction of a fifth offense relating to the operating of a
	motor vehicle while intoxicated.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 49.09, Penal Code, is amended by adding
	Subsection (i) to read as follows:
	(i)  Notwithstanding any other law, if it is shown at the
	trial of a person convicted of an offense under Section 49.04,
	49.045, 49.07, or 49.08 relating to the operating of a motor vehicle
	while intoxicated that the person has been previously convicted
	four or more times of any of those offenses, the court shall order
	the Department of Public Safety to suspend the person's driver's
	license or permit for a period of 10 years, or, if the person does
	not have a license or permit, to deny the issuance of a license or
	permit to the person until the 10th anniversary of the date of the
	order. To the extent of a conflict between this subsection and
	Section 13, Article 42.12, Code of Criminal Procedure, or
	Subchapter O, Chapter 521, Transportation Code, this subsection
	controls.
	SECTION 2.  Sections 13(g), (j), and (k), Article 42.12,
	Code of Criminal Procedure, are amended to read as follows:
	(g)  A jury that recommends community supervision for a
	person convicted of an offense under Sections 49.04-49.08, Penal
	Code, may recommend that any driver's license issued to the
	defendant under Chapter 521, Transportation Code, not be suspended.
	This subsection does not apply to a person:
	(1)  who is punished under Section 49.09(a) or (b),
	Penal Code, and subject to Section 49.09(h) of that code; or
	(2)  whose driver's license or permit is the subject of
	a court order issued under Section 49.09(i), Penal Code.
	(j)  The judge shall require a defendant who is punished
	under Section 49.09, Penal Code, as a condition of community
	supervision, to attend and successfully complete an educational
	program for repeat offenders approved by the Texas Commission on
	Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
	Abuse shall adopt rules and shall monitor, coordinate, and provide
	training to persons providing the educational programs. The Texas
	Commission on Alcohol and Drug Abuse is responsible for the
	administration of the certification of approved educational
	programs and may charge a nonrefundable application fee for initial
	certification of approval or for renewal of the certification. The
	judge may waive the educational program requirement only if the
	defendant by a motion in writing shows good cause. In determining
	good cause, the judge may consider the defendant's school and work
	schedule, the defendant's health, the distance that the defendant
	must travel to attend an educational program, and the fact that
	[whether] the defendant resides out of state, has no valid driver's
	license, or does not have access to transportation. The judge shall
	set out the finding of good cause in the judgment. If a defendant is
	required, as a condition of community supervision, to attend an
	educational program, the court clerk shall immediately report that
	fact to the Department of Public Safety, on a form prescribed by the
	department, for inclusion in the defendant's driving record. The
	report must include the beginning date of the defendant's community
	supervision. On the defendant's successful completion of the
	educational program for repeat offenders, the defendant's
	instructor shall give notice to the Department of Public Safety for
	inclusion in the defendant's driving record and to the community
	supervision and corrections department. The community supervision
	and corrections department shall then forward the notice to the
	court clerk for filing. If the Department of Public Safety does not
	receive notice that a defendant required to complete an educational
	program has successfully completed the program for repeat offenders
	within the period required by the judge, as shown on department
	records, the department shall revoke the defendant's driver's
	license, permit, or privilege or prohibit the defendant from
	obtaining a license or permit, as provided by Sections 521.344(e)
	and (f), Transportation Code.
	(k)  Notwithstanding Sections 521.344(d)-(i),
	Transportation Code, if the judge, under Subsection (h) or (j) of
	this section, permits or requires a defendant punished under
	Section 49.09, Penal Code, to attend an educational program as a
	condition of community supervision, or waives the required
	attendance for such a program, and the defendant has previously
	been required to attend such a program, or the required attendance
	at the program had been waived, the judge, unless the person's
	driver's license or permit is the subject of a court order issued
	under Section 49.09(i), Penal Code, nonetheless shall order the
	suspension of the driver's license, permit, or operating privilege
	of that person for a period determined by the judge according to the
	following schedule:
	(1)  not less than 90 days or more than 365 days, if the
	defendant is convicted under Sections 49.04-49.08, Penal Code;
	(2)  not less than 180 days or more than two years, if
	the defendant is punished under Section 49.09(a) or (b), Penal
	Code; or
	(3)  not less than one year or more than two years, if
	the person is convicted of a second or subsequent offense under
	Sections 49.04-49.08, Penal Code, committed within five years of
	the date on which the most recent preceding offense was committed.
	SECTION 3.  Section 521.202, Transportation Code, is amended
	by adding Subsection (d) to read as follows:
	(d)  The department may not issue a license to a person whose
	license or permit is the subject of a court order issued under
	Section 49.09(i), Penal Code, until the 10th anniversary of the
	date of the order.
	SECTION 4.  Section 521.248, Transportation Code, is amended
	by amending Subsection (b) and adding Subsection (b-1) to read as
	follows:
	(b)  Except as provided by Subsection (b-1), the [The] person
	may not operate a motor vehicle for more than four hours in any
	24-hour period, except that on a showing of necessity the court may
	allow the person to drive for any period determined by the court
	that does not exceed 12 hours in any 24-hour period.
	(b-1)  A person whose license was suspended under Section
	49.09(i), Penal Code, may not operate a motor vehicle for more than
	four hours in any 24-hour period, except that on a showing of
	necessity the court may allow the person to drive for any period
	determined by the court that does not exceed nine hours in any
	24-hour period.
	SECTION 5.  Sections 521.344(a) and (b), Transportation
	Code, are amended to read as follows:
	(a)  Except as provided by Sections 521.342(b) and 521.345,
	and by Subsections (d)-(i), if a person is convicted of an offense
	under Section 49.04, 49.045, or 49.07, Penal Code, the license
	suspension:
	(1)  begins on a date set by the court that is not
	earlier than the date of the conviction or later than the 30th day
	after the date of the conviction, as determined by the court; and
	(2)  continues for a period set by the court according
	to the following schedule:
	(A)  not less than 90 days or more than one year,
	if the person is punished under Section 49.04, 49.045, or 49.07,
	Penal Code, except that if the person's license is suspended for a
	second or subsequent offense under Section 49.07 committed within
	five years of the date on which the most recent preceding offense
	was committed, the suspension continues for a period of one year;
	(B)  not less than 180 days or more than two years,
	if the person is punished under Section 49.09(a) or (b), Penal Code;
	[or]
	(C)  not less than one year or more than two years,
	if the person is punished under Section 49.09(a) or (b), Penal Code,
	and is subject to Section 49.09(h) of that code; or
	(D)  10 years, if the person's driver's license or
	permit is the subject of a court order issued under Section
	49.09(i), Penal Code.
	(b)  Except as provided by Section 521.342(b), if a person is
	convicted of an offense under Section 49.08, Penal Code, the
	license suspension:
	(1)  begins on a date set by the court that is not
	earlier than the date of the conviction or later than the 30th day
	after the date of the conviction, as determined by the court; and
	(2)  continues for a period set by the court according
	to the following schedule:
	(A)  [of] not less than 180 days or more than two
	years, except that if the person's license is suspended for a second
	or subsequent offense under Section 49.08, Penal Code, committed
	within 10 years of the date on which the most recent preceding
	offense was committed, the suspension continues for a period set by
	the court of not less than one year or more than two years; or
	(B)  10 years, if the person's driver's license or
	permit is the subject of a court order issued under Section
	49.09(i), Penal Code.
	SECTION 6.  The change in law made by this Act applies only
	to the trial of an offense committed on or after the effective date
	of this Act. The trial of an offense committed before the effective
	date of this Act is governed by the law in effect on the date 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 7.  This Act takes effect September 1, 2013.