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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil and criminal consequences of operating a |
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motor vehicle or a watercraft while intoxicated or under the |
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influence of alcohol. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 106.041, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE |
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INFLUENCE OF ALCOHOL BY MINOR. |
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SECTION 2. Sections 106.041(a) and (g), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) A minor commits an offense if the minor operates a motor |
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vehicle in a public place, or a watercraft, while having any |
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detectable amount of alcohol in the minor's system. |
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(g) An offense under this section is not a lesser included |
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offense under Section 49.04, 49.045, or 49.06, Penal Code. |
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SECTION 3. Section 106.041(j), Alcoholic Beverage Code, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) "Watercraft" has the meaning assigned by Section |
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49.01, Penal Code. |
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SECTION 4. Section 524.001(3), Transportation Code, is |
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amended to read as follows: |
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(3) "Alcohol-related or drug-related enforcement |
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contact" means a driver's license suspension, disqualification, or |
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prohibition order under the laws of this state or another state |
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resulting from: |
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(A) a conviction of an offense prohibiting the |
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operation of a motor vehicle or watercraft while: |
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(i) intoxicated; |
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(ii) under the influence of alcohol; or |
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(iii) under the influence of a controlled |
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substance; |
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(B) a refusal to submit to the taking of a breath |
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or blood specimen following an arrest for an offense prohibiting |
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the operation of a motor vehicle or an offense prohibiting the |
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operation of a watercraft, if the watercraft was powered with an |
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engine having a manufacturer's rating of 50 horsepower or more, |
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while: |
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(i) intoxicated; |
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(ii) under the influence of alcohol; or |
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(iii) under the influence of a controlled |
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substance; or |
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(C) an analysis of a breath or blood specimen |
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showing an alcohol concentration of a level specified by Section |
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49.01, Penal Code, following an arrest for an offense prohibiting |
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the operation of a motor vehicle or watercraft while intoxicated. |
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SECTION 5. Section 524.011(a), Transportation Code, is |
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amended to read as follows: |
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(a) An officer arresting a person shall comply with |
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Subsection (b) if: |
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(1) the person is arrested for an offense under |
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Section 49.04, 49.045, or 49.06, Penal Code, or an offense under |
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Section 49.07 or 49.08 of that code involving the operation of a |
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motor vehicle or watercraft, submits to the taking of a specimen of |
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breath or blood and an analysis of the specimen shows the person had |
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an alcohol concentration of a level specified by Section |
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49.01(2)(B), Penal Code; or |
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(2) the person is a minor arrested for an offense under |
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Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, |
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or 49.06, Penal Code, or an offense under Section 49.07 or 49.08, |
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Penal Code, involving the operation of a motor vehicle or |
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watercraft and: |
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(A) the minor is not requested to submit to the |
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taking of a specimen; or |
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(B) the minor submits to the taking of a specimen |
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and an analysis of the specimen shows that the minor had an alcohol |
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concentration of greater than .00 but less than the level specified |
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by Section 49.01(2)(B), Penal Code. |
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SECTION 6. Section 524.012(b), Transportation Code, is |
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amended to read as follows: |
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(b) The department shall suspend the person's driver's |
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license if the department determines that: |
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(1) the person had an alcohol concentration of a level |
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specified by Section 49.01(2)(B), Penal Code, while operating a |
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motor vehicle in a public place or while operating a watercraft; or |
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(2) the person was [is] a minor on the date that the |
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breath or blood specimen was obtained and had any detectable amount |
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of alcohol in the minor's system while operating a motor vehicle in a |
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public place or while operating a watercraft. |
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SECTION 7. Section 524.015(b), Transportation Code, is |
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amended to read as follows: |
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(b) A suspension may not be imposed under this chapter on a |
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person who is acquitted of a criminal charge under Section 49.04, |
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49.045, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041, |
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Alcoholic Beverage Code, arising from the occurrence that was the |
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basis for the suspension. If a suspension was imposed before the |
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acquittal, the department shall rescind the suspension and shall |
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remove any reference to the suspension from the person's |
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computerized driving record. |
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SECTION 8. Section 524.022(b), Transportation Code, is |
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amended to read as follows: |
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(b) A period of suspension under this chapter for a minor |
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is: |
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(1) 60 days if the minor has not been previously |
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convicted of an offense under Section 106.041, Alcoholic Beverage |
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Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense |
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under Section 49.07 or 49.08, Penal Code, involving the operation |
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of a motor vehicle or a watercraft; |
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(2) 120 days if the minor has been previously |
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convicted once of an offense listed by Subdivision (1); or |
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(3) 180 days if the minor has been previously |
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convicted twice or more of an offense listed by Subdivision (1). |
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SECTION 9. Section 524.023, Transportation Code, is amended |
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to read as follows: |
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Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS. |
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(a) If a person is convicted of an offense under Section 106.041, |
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Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.07, or |
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49.08, Penal Code, and if any conduct on which that conviction is |
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based is a ground for a driver's license suspension under this |
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chapter and Section 106.041, Alcoholic Beverage Code, Subchapter O, |
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Chapter 521, or Subchapter H, Chapter 522, each of the suspensions |
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shall be imposed. |
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(b) The court imposing a driver's license suspension under |
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Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as |
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required by Subsection (a) shall credit a period of suspension |
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imposed under this chapter toward the period of suspension required |
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under Section 106.041, Alcoholic Beverage Code, or Subchapter O, |
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Chapter 521, or Subchapter H, Chapter 522, unless the person was |
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convicted of an offense under Article 6701l-1, Revised Statutes, as |
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that law existed before September 1, 1994, Section 19.05(a)(2), |
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Penal Code, as that law existed before September 1, 1994, Section |
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49.04, 49.045, 49.06, 49.07, or 49.08, Penal Code, or Section |
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106.041, Alcoholic Beverage Code, before the date of the conviction |
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on which the suspension is based, in which event credit may not be |
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given. |
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SECTION 10. Sections 524.035(a) and (d), Transportation |
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Code, are amended to read as follows: |
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(a) The issues that must be proved at a hearing by a |
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preponderance of the evidence are: |
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(1) whether: |
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(A) the person had an alcohol concentration of a |
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level specified by Section 49.01(2)(B), Penal Code, while operating |
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a motor vehicle in a public place or while operating a watercraft; |
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or |
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(B) the person was [is] a minor on the date that |
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the breath or blood specimen was obtained and had any detectable |
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amount of alcohol in the minor's system while operating a motor |
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vehicle in a public place or while operating a watercraft; and |
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(2) whether reasonable suspicion to stop or probable |
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cause to arrest the person existed. |
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(d) An administrative law judge may not find in the |
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affirmative on the issue in Subsection (a)(1) if: |
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(1) the person is an adult and the analysis of the |
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person's breath or blood determined that the person had an alcohol |
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concentration of a level below that specified by Section 49.01, |
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Penal Code, at the time the specimen was taken; or |
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(2) the person was [is] a minor on the date that the |
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breath or blood specimen was obtained and the administrative law |
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judge does not find that the minor had any detectable amount of |
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alcohol in the minor's system when the minor was arrested. |
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SECTION 11. Section 524.042(a), Transportation Code, is |
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amended to read as follows: |
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(a) A suspension of a driver's license under this chapter is |
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stayed on the filing of an appeal petition only if: |
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(1) the person's driver's license has not been |
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suspended as a result of an alcohol-related or drug-related |
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enforcement contact during the five years preceding the date of the |
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person's arrest; and |
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(2) the person has not been convicted during the 10 |
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years preceding the date of the person's arrest of an offense under: |
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(A) Article 6701l-1, Revised Statutes, as that |
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law existed before September 1, 1994; |
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(B) Section 19.05(a)(2), Penal Code, as that law |
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existed before September 1, 1994; |
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(C) Section 49.04, 49.045, or 49.06, Penal Code; |
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(D) Section 49.07 or 49.08, Penal Code, if the |
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offense involved the operation of a motor vehicle or a watercraft; |
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or |
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(E) Section 106.041, Alcoholic Beverage Code. |
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SECTION 12. The changes in law to Chapter 524, |
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Transportation Code, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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SECTION 13. This Act takes effect September 1, 2009. |