Bill Text: TX SB181 | 2021-2022 | 87th Legislature | Enrolled
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: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-06-14 - See remarks for effective date [SB181 Detail]
Download: Texas-2021-SB181-Enrolled.html
S.B. No. 181 |
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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: | ||
ARTICLE 1. DISCRETIONARY LICENSE SUSPENSION | ||
SECTION 1.01. 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 a misdemeanor drug | ||
offense as defined by Section 521.371, Transportation Code, whose | ||
driver's license is not suspended under Section 521.372, | ||
Transportation Code, as a result of that conviction, shall pay a | ||
fine of $100. | ||
(c) The court shall waive imposition of a fine under this | ||
article if the defendant's driver's license is suspended under | ||
Section 521.372, 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 1.02. The heading to Subchapter P, Chapter 521, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER P. [ |
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SECTION 1.03. Section 521.372, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 521.372. [ |
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(a) A person's driver's license is automatically suspended on final | ||
conviction of: | ||
(1) an offense under the Controlled Substances Act; | ||
(2) a felony drug offense; [ |
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(3) a misdemeanor drug offense, if the person has been | ||
previously convicted of a drug offense committed less than 36 | ||
months before the commission of the instant offense; or | ||
(4) a felony under Chapter 481, Health and Safety | ||
Code, that is not a drug offense. | ||
(b) The department may not issue a driver's license to a | ||
person convicted of an offense specified in Subsection (a) who, on | ||
the date of the conviction, did not hold a driver's license. | ||
(b-1) Except as provided by Subsection (a)(3), the court may | ||
order that the department suspend the license of a person who holds | ||
a license at the time of final conviction of a misdemeanor drug | ||
offense if the court makes a written determination that the | ||
suspension is in the interest of public safety. | ||
(c) Except as provided by Section 521.374(b), the period of | ||
suspension or license denial under this section is 90 [ |
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after the date of a final conviction[ |
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ARTICLE 2. EDUCATIONAL PROGRAMS | ||
SECTION 2.01. 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 [ |
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online educational program, approved by the Texas Department of | ||
Licensing and Regulation [ |
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under rules adopted by the Texas Commission of Licensing and | ||
Regulation [ |
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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 2.02. Section 521.374(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The period of suspension or prohibition under Section | ||
521.372(c) continues until the earlier of: | ||
(1) the date [ |
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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; or | ||
(2) the second anniversary of the date the suspension | ||
or prohibition was imposed. | ||
SECTION 2.03. 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) [ |
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(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[ |
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[ |
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[ |
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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 2.04. 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) [ |
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(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[ |
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[ |
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[ |
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by Section 521.374(a)(2) providing equivalent education; and | ||
(2) shall administer the approval of the [ |
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treatment facility[ |
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[ |
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[ |
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[ |
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ARTICLE 3. TRANSITION; EFFECTIVE DATE | ||
SECTION 3.01. (a) Section 3, Chapter 710 (H.B. 162), Acts | ||
of the 86th Legislature, Regular Session, 2019, is repealed. | ||
(b) Section 521.293, Transportation Code, as amended by | ||
Chapter 710 (H.B. 162), Acts of the 86th Legislature, Regular | ||
Session, 2019, applies to a determination to suspend a driver's | ||
license that is made by the Department of Public Safety of the State | ||
of Texas before, on, or after the effective date of this Act. | ||
SECTION 3.02. Not later than September 1, 2022, the Texas | ||
Commission of Licensing and Regulation and the Department of Public | ||
Safety shall adopt rules to implement Sections 521.374, 521.375, | ||
and 521.376, Transportation Code, as amended by this Act. | ||
SECTION 3.03. (a) Except as otherwise provided by this | ||
section, this Act takes effect September 1, 2021. | ||
(b) Article 1 of this Act takes 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 181 passed the Senate on | ||
May 3, 2021, by the following vote: Yeas 30, Nays 0; and that the | ||
Senate concurred in House amendments on May 27, 2021, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 181 passed the House, with | ||
amendments, on May 24, 2021, by the following vote: Yeas 138, | ||
Nays 3, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |