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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal penalties and civil consequences for |
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defendants convicted of an offense of graffiti and for juveniles |
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adjudicated as having engaged in conduct involving graffiti. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.037(s), Code of Criminal Procedure, |
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is amended to read as follows: |
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(s)(1) A court shall order [If a court orders] a defendant |
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convicted of an offense under Section 28.08, Penal Code, to make |
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restitution by: |
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(A) reimbursing the owner of the property for the |
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cost of restoring the property; or |
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(B) with the consent of the owner of the |
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property, [to the victim of the offense, the court may order the
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defendant to make restitution as provided by Subsection (b)(1)(B)
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or by] personally restoring the property by removing or painting |
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over any markings the defendant made. |
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(2) A court shall order a defendant convicted of an |
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offense under Section 28.08, Penal Code, to make restitution to a |
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political subdivision that owns public property or erects a street |
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sign or official traffic-control device on which the defendant |
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makes markings in violation of Section 28.08, Penal Code, by: |
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(A) paying an [. The] amount [of the restitution
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ordered must be] equal to the lesser of [the amount of restitution
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authorized by Subsection (b)(1)(B) or] the cost to the political |
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subdivision of replacing or restoring the public property, street |
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sign, or official traffic-control device; or |
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(B) with the consent of the political |
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subdivision, restoring the public property, street sign, or |
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official traffic-control device by removing or painting over any |
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markings made by the defendant on the property, sign, or device. |
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(3) If the court orders a defendant to make |
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restitution under this subsection [subdivision] and the defendant |
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is financially unable to make the restitution, the court may order |
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the defendant to perform a specific number of hours of community |
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service[, including service restoring the property by removing or
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painting over any markings the defendant made,] to satisfy the |
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restitution. |
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(4) Notwithstanding Subsection (g)(4), a court shall |
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direct a defendant ordered to make restitution under this |
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subsection as a condition of community supervision to deliver the |
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amount or property due as restitution to the defendant's |
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supervising officer for transfer to the owner. A parole panel shall |
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direct a defendant ordered to make restitution under this |
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subsection as a condition of parole or mandatory supervision to |
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deliver the amount or property due as restitution to the |
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defendant's supervising officer. The defendant's supervising |
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officer shall notify the court when the defendant has delivered the |
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full amount of restitution ordered. On receipt of notice under this |
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subdivision, the court shall notify the Department of Public |
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Safety, for the purposes of Section 521.320, Transportation Code, |
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of the date on which the defendant delivered the full amount of |
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restitution ordered. |
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(5) For purposes of this subsection [subdivision], |
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"official traffic-control device" has the meaning assigned by |
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Section 541.304, Transportation Code. |
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SECTION 2. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (k) to read as follows: |
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(k) A court granting community supervision to a defendant |
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convicted of an offense under Section 28.08, Penal Code, shall |
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require as a condition of community supervision that the defendant |
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perform a specific number of hours of community service. |
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SECTION 3. Section 54.046, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) If a juvenile court places on probation under Section |
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54.04(d) a child adjudicated as having engaged in conduct in |
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violation of Section 28.08, Penal Code, in addition to other |
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conditions of probation, the court: |
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(1) shall [may] order the child to: |
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(A) reimburse the owner of the property for the |
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cost of restoring the property; or |
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(B) with consent of the owner of the property, |
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restore the property by removing or painting over any markings made |
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by the child on the property; and |
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(2) if the child made markings on public property, a |
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street sign, or an official traffic-control device in violation of |
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Section 28.08, Penal Code, shall [may] order the child to: |
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(A) make to the political subdivision that owns |
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the public property or erected the street sign or official |
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traffic-control device restitution in an amount equal to the lesser |
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of the cost to the political subdivision of replacing or restoring |
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the public property, street sign, or official traffic-control |
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device; or |
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(B) with the consent of the political |
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subdivision, restore the public property, street sign, or official |
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traffic-control device by removing or painting over any markings |
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made by the child on the property, sign, or device. |
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(d) The juvenile court shall direct a child ordered to make |
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restitution under this section to deliver the amount or property |
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due as restitution to the juvenile probation department for |
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transfer to the owner. The juvenile probation department shall |
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notify the juvenile court when the child has delivered the full |
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amount of restitution ordered. On receipt of notice under this |
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subsection, the juvenile court shall notify the Department of |
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Public Safety, for the purposes of Section 521.320, Transportation |
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Code, of the date on which the full amount of restitution was |
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delivered. |
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SECTION 4. Section 54.0481, Family Code, as added by |
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Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended by amending Subsection (a) and adding |
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Subsection (d) to read as follows: |
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(a) A juvenile court, in a disposition hearing under Section |
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54.04 regarding a child who has been adjudicated to have engaged in |
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delinquent conduct that violates Section 28.08, Penal Code: |
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(1) shall [may] order the child, and may order [or] a |
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parent or other person responsible for the child's support, to make |
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restitution by: |
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(A) reimbursing the owner of the property for the |
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cost of restoring the property; or |
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(B) with the consent of the owner of the |
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property, personally restoring the property by removing or painting |
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over any markings the child made; and |
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(2) if the child made markings on public property, a |
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street sign, or an official traffic-control device in violation of |
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Section 28.08, Penal Code, shall [may] order the child, and may |
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order [or] a parent or other person responsible for the child's |
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support, to: |
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(A) make to the political subdivision that owns |
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the public property or erected the street sign or official |
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traffic-control device restitution in an amount equal to the lesser |
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of the cost to the political subdivision of replacing or restoring |
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the public property, street sign, or official traffic-control |
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device; or |
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(B) with the consent of the political |
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subdivision, restore the public property, street sign, or official |
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traffic-control device by removing or painting over any markings |
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made by the child on the property, sign, or device. |
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(d) The juvenile court shall direct a child ordered to make |
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restitution under this section to deliver the amount or property |
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due as restitution to a juvenile probation department for transfer |
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to the owner. The juvenile probation department shall notify the |
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juvenile court when the child has delivered the full amount of |
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restitution ordered. On receipt of notice under this subsection, |
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the juvenile court shall notify the Department of Public Safety, |
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for the purposes of Section 521.320, Transportation Code, of the |
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date on which the full amount of restitution was delivered. |
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SECTION 5. Section 28.08(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under this section is a state jail felony if: |
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(1) either: |
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(A) the marking is made on a school, an |
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institution of higher education, a place of worship or human |
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burial, a public monument, or a community center that provides |
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medical, social, or educational programs; or |
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(B) the person has been previously convicted two |
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or more times of an offense under this section; and |
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(2) the amount of the pecuniary loss to real property |
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or to tangible personal property is any amount less than $20,000. |
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SECTION 6. Section 521.320, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.320. SUSPENSION FOR CONVICTION OR ADJUDICATION |
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INVOLVING GRAFFITI [CERTAIN CRIMINAL MISCHIEF]; LICENSE DENIAL. |
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(a) A court shall [may] order the department to suspend a person's |
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driver's license on conviction of an offense under Section 28.08, |
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Penal Code. A juvenile court shall order the department to suspend |
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a person's provisional license or driver's license if the person has |
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been adjudicated to have engaged in delinquent conduct that |
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violates Section 28.08, Penal Code. |
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(b) A court shall [may] order the department to deny an |
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application for reinstatement or issuance of a driver's license to |
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a person convicted of an offense under Section 28.08, Penal Code, |
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who, on the date of the conviction, did not hold a driver's license. |
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A juvenile court shall order the department to deny an application |
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for reinstatement or issuance of a provisional license or driver's |
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license to a person who has been adjudicated to have engaged in |
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delinquent conduct that violates Section 28.08, Penal Code, and |
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who, on the date of the adjudication, did not hold a provisional |
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license or driver's license. |
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(c) The period of suspension under this section continues |
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until the later of: |
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(1) [is] one year after the date of a final conviction |
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or the date on which the disposition is made, as applicable; or |
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(2) the date on which the person has made restitution, |
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as required by Article 42.037(s), Code of Criminal Procedure, |
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Section 54.046, Family Code, or Section 54.0481, Family Code, as |
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added by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, |
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Regular Session, 2007, as applicable. |
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(c-1) The period of license denial under this section |
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continues until the later of: |
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(1) [is] one year after the date the person applies to |
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the department for reinstatement or issuance of a driver's license |
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or provisional license; or |
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(2) the date on which the person has made restitution, |
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as required by Article 42.037(s), Code of Criminal Procedure, |
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Section 54.046, Family Code, or Section 54.0481, Family Code, as |
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added by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, |
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Regular Session, 2007, as applicable. |
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(d) The department may not reinstate a provisional license |
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or driver's license suspended under Subsection (a) unless the |
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person whose license was suspended applies to the department for |
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reinstatement. |
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(e) A person whose license is suspended under Subsection (a) |
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remains eligible to receive an occupational license under |
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Subchapter L or a hardship license under Section 521.223. |
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(f) For the purposes of this section, a person is convicted |
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of an offense regardless of whether the sentence is imposed or the |
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person is placed on community supervision for the offense under |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 8. This Act takes effect September 1, 2009. |