Bill Text: TX HB556 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to suspension of a driver's license for persons convicted of certain offenses and the educational program required for reinstatement of a license following certain convictions; authorizing a fine.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-01 - Referred to Homeland Security & Public Safety [HB556 Detail]

Download: Texas-2021-HB556-Introduced.html
  87R2547 JSC-F
 
  By: White H.B. No. 556
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to suspension of a driver's license for persons convicted
  of certain offenses and the educational program required for
  reinstatement of a license following certain convictions;
  authorizing a fine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.0179 to read as
  follows:
         Art. 102.0179.  FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED
  SUBSTANCE ACT CONVICTIONS. (a) In this article, "convicted"
  includes an adjudication under juvenile proceedings.
         (b)  In addition to any other fees and fines imposed under
  this subchapter, a defendant convicted of an offense described by
  Section 521.372(a), Transportation Code, shall pay a fine in an
  amount that is equivalent to the sum of all fees applicable to a
  suspension and reinstatement of a driver's license under Chapter
  521, Transportation Code. The Department of Public Safety shall
  annually calculate and make available the amount of the fine
  described by this subsection.
         (c)  The court shall waive imposition of a fine under this
  article if the defendant's driver's license is suspended under
  Section 521.3725(c), Transportation Code, or under another
  provision of that code as a result of the conviction of:
               (1)  an offense described by Section 521.372(a),
  Transportation Code; or
               (2)  another offense arising from the same criminal
  episode.
         (d)  A fine imposed under this article is due regardless of
  whether the defendant is granted community supervision in the case.
  The court shall collect the fine under this article in the same
  manner as court costs are collected in the case.
         (e)  A fine collected under this article shall be deposited
  to the credit of the Texas mobility fund.
         SECTION 2.  Section 521.372(c), Transportation Code, is
  amended to read as follows:
         (c)  Except as provided by Section 521.374(b), the period of
  suspension under this section is the 90 [180] days after the date of
  a final conviction, and the period of license denial is the 90 [180]
  days after the date the person applies to the department for
  reinstatement or issuance of a driver's license.
         SECTION 3.  Subchapter P, Chapter 521, Transportation Code,
  is amended by adding Section 521.3725 to read as follows:
         Sec. 521.3725.  DISCRETIONARY LICENSE SUSPENSION.
  (a)  This section applies only to a person:
               (1)  who is convicted of an offense described by
  Section 521.372(a); and
               (2)  whose driver's license is not subject to
  suspension for:
                     (A)  the offense described by Section 521.372(a)
  under a provision other than Section 521.372; or
                     (B)  another offense arising from the same
  criminal episode.
         (b)  A person described by Subsection (a) of this section is
  not subject to automatic license suspension under Section 521.372,
  notwithstanding Subsection (a) of that section.
         (c)  A court may order the department to suspend the license
  of a person described by Subsection (a) if the court determines that
  suspending the person's license is in the interest of public
  safety. The court must make the determination in writing and
  include a justification for the determination.
         (d)  A person whose license is suspended under Subsection (c)
  is subject to the same fees and other conditions as a person whose
  license is automatically suspended under Section 521.372.
         SECTION 4.  Section 521.374(a), Transportation Code, as
  amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.
  642), Acts of the 84th Legislature, Regular Session, 2015, is
  reenacted and amended to read as follows:
         (a)  A person whose license is suspended under Section
  521.372 may:
               (1)  successfully complete [attend] an in-person or
  online educational program, approved by the Texas Department of
  Licensing and Regulation [Department of State Health Services]
  under rules adopted by the Texas Commission of Licensing and
  Regulation [executive commissioner of the Health and Human Services
  Commission] and the department, that is designed to educate persons
  on the dangers of drug abuse; or
               (2)  successfully complete education on the dangers of
  drug abuse approved by the Department of State Health Services as
  equivalent to the educational program described by Subdivision (1),
  while the person is a resident of a facility for the treatment of
  drug abuse or chemical dependency, including:
                     (A)  a substance abuse treatment facility or
  substance abuse felony punishment facility operated by the Texas
  Department of Criminal Justice under Section 493.009, Government
  Code;
                     (B)  a community corrections facility, as defined
  by Section 509.001, Government Code; or
                     (C)  a chemical dependency treatment facility
  licensed under Chapter 464, Health and Safety Code.
         SECTION 5.  Section 521.374, Transportation Code, is amended
  by amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  The period of suspension or prohibition under Section
  521.372(c) continues for an indefinite period until the individual
  successfully completes the in-person or online educational program
  under Subsection (a)(1) or is released from the residential
  treatment facility at which the individual successfully completed
  equivalent education under Subsection (a)(2), as applicable.
         (c)  The department shall provide to a person whose license
  is suspended under this subchapter a list of providers of
  educational programs under Subsection (a)(1).
         SECTION 6.  Section 521.375, Transportation Code, as amended
  by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the 84th
  Legislature, Regular Session, 2015, is reenacted and amended to
  read as follows:
         Sec. 521.375.  JOINT ADOPTION OF RULES. (a) The Texas
  Commission of Licensing and Regulation and the department shall
  jointly adopt rules for the qualification and approval of providers
  of in-person and online educational programs under Section
  521.374(a)(1) [521.374].
         (a-1)  The executive commissioner of the Health and Human
  Services Commission and the department shall jointly adopt rules
  for the qualification and approval of[:
               [(1)  providers of educational programs under Section
  521.374(a)(1); and
               [(2)]  equivalent education provided in a residential
  treatment facility described by Section 521.374(a)(2).
         (b)  The Texas Department of Licensing and Regulation shall
  publish the jointly adopted rules under Subsection (a).
         (c)  The Department of State Health Services shall publish
  the jointly adopted rules under Subsection (a-1).
         SECTION 7.  Section 521.376, Transportation Code, as amended
  by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the 84th
  Legislature, Regular Session, 2015, is reenacted and amended to
  read as follows:
         Sec. 521.376.  DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
  REGULATION AND DEPARTMENT OF STATE HEALTH SERVICES; APPLICATION AND
  RENEWAL FEES. (a) The Texas Department of Licensing and
  Regulation:
               (1)  shall monitor, coordinate, and provide training to
  persons who provide in-person and online educational programs under
  Section 521.374(a)(1) [521.374];
               (2)  shall administer the approval of those in-person
  and online educational programs; and
               (3)  may charge a nonrefundable application fee to the
  provider of an in-person or online educational program under
  Section 521.374(a)(1) for:
                     (A)  initial certification of approval; and
                     (B)  renewal of the certification.
         (b)  The Department of State Health Services:
               (1)  shall monitor, coordinate, and provide training
  to[:
                     [(A)  persons who provide educational programs
  under Section 521.374(a)(1); and
                     [(B)]  residential treatment facilities described
  by Section 521.374(a)(2) providing equivalent education; and
               (2)  shall administer the approval of the [educational
  programs and the] equivalent education provided in a residential
  treatment facility[; and
               [(3)  may charge a nonrefundable application fee to the
  provider of an educational program under Section 521.374(a)(1) for:
                     [(A)  initial certification of approval; and
                     [(B)  renewal of the certification].
         SECTION 8.  Not later than September 1, 2022, the Texas
  Commission of Licensing and Regulation and the Texas Department of
  Motor Vehicles shall adopt rules to implement Sections 521.374,
  521.375, and 521.376, Transportation Code, as amended by this Act.
         SECTION 9.  (a)  Except as otherwise provided by this
  section, this Act takes effect September 1, 2021.
         (b)  Article 102.0179, Code of Criminal Procedure, and
  Section 521.3725, Transportation Code, as added by this Act, take
  effect on the 91st day after the date the office of the attorney
  general publishes in the Texas Register a finding that:
               (1)  the legislature of this state has adopted a
  resolution expressing the legislature's opposition to a law meeting
  the requirements of 23 U.S.C. Section 159 in suspending, revoking,
  or denying the driver's license of a person convicted of a drug
  offense for a period of six months;
               (2)  the governor has submitted to the United States
  secretary of transportation:
                     (A)  a written certification of the governor's
  opposition to the enactment or enforcement of a law required under
  23 U.S.C. Section 159; and
                     (B)  a written certification that the legislature
  has adopted the resolution described by Subdivision (1) of this
  subsection; and
               (3)  the United States secretary of transportation has
  responded to the governor's submission and certified that highway
  funds will not be withheld from this state in response to the
  modification or full or partial repeal of the law required under 23
  U.S.C. Section 159.
         (c)  On the 180th day after the date described in Subsection
  (b) of this section, the Department of Public Safety shall
  reinstate any driver's license that:
               (1)  was suspended under Section 521.372,
  Transportation Code, before the date described by Subsection (b) of
  this section; and
               (2)  remains subject to suspension under that section
  on the 180th day after the date described in Subsection (b) of this
  section.
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