H.B. No. 1357
AN ACT
relating to the civil consequences of certain alcohol-related
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 106.115(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) If the defendant does not present the required evidence
within the prescribed period, the court:
(1) shall order the Department of Public Safety to:
(A) suspend the defendant's driver's license or
permit for a period not to exceed six months or, if the defendant
does not have a license or permit, to deny the issuance of a license
or permit to the defendant for that period; or
(B) if the defendant has been previously
convicted of an offense under one or more of the sections listed in
Subsection (a), suspend the defendant's driver's license or permit
for a period not to exceed one year or, if the defendant does not
have a license or permit, to deny the issuance of a license or
permit to the defendant for that period; and
(2) may order the defendant or the parent, managing
conservator, or guardian of the defendant to do any act or refrain
from doing any act if the court determines that doing the act or
refraining from doing the act will increase the likelihood that the
defendant will present evidence to the court that the defendant has
satisfactorily completed an alcohol awareness program or performed
the required hours of community service.
SECTION 2. Section 521.343(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Sections 521.342(b), 521.344(a),
(b), (d), (e), (f), (g), (h), and (i), 521.345, 521.346, [and]
521.3465, and 521.351, a suspension under this subchapter is for
one year.
SECTION 3. Subchapter O, Chapter 521, Transportation Code,
is amended by adding Section 521.351 to read as follows:
Sec. 521.351. PURCHASE OF ALCOHOL FOR MINOR OR FURNISHING
ALCOHOL TO MINOR: AUTOMATIC SUSPENSION; LICENSE DENIAL. (a) A
person's driver's license is automatically suspended on final
conviction of an offense under Section 106.06, Alcoholic Beverage
Code.
(b) The department may not issue a driver's license to a
person convicted of an offense under Section 106.06, Alcoholic
Beverage Code, who, on the date of the conviction, did not hold a
driver's license.
(c) The period of suspension under this section is the 180
days after the date of a final conviction, and the period of license
denial is the 180 days after the date the person applies to the
department for reinstatement or issuance of a driver's license,
unless the person has previously been denied a license under this
section or had a license suspended, in which event the period of
suspension is one year after the date of a final conviction, and the
period of license denial is one year after the date the person
applies to the department for reinstatement or issuance of a
driver's license.
SECTION 4. (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2005.
(b) An offense committed before September 1, 2005, 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 September 1, 2005, if
any element of the offense was committed before that date.
SECTION 5. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1357 was passed by the House on April
27, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1357 on May 27, 2005, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1357 on May 29, 2005, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1357 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1357 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor