Bill Text: TX HB1013 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to repealing automatic driver's license suspensions for certain drug offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB1013 Detail]
Download: Texas-2019-HB1013-Introduced.html
86R2161 JSC-F | ||
By: White | H.B. No. 1013 |
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relating to repealing automatic driver's license suspensions for | ||
certain drug offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter P, Chapter 521, Transportation Code, | ||
is repealed. | ||
SECTION 2. Section 106.115(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) On the placement of a minor on deferred disposition for | ||
an offense under Section 49.02, Penal Code, or under Section | ||
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court | ||
shall require the defendant to attend an alcohol awareness program | ||
approved by the Texas Department of Licensing and Regulation under | ||
this section, a drug education program approved by the Department | ||
of State Health Services [ |
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program approved by the Texas Education Agency. On conviction of a | ||
minor of an offense under one or more of those sections, the court, | ||
in addition to assessing a fine as provided by those sections, shall | ||
require a defendant who has not been previously convicted of an | ||
offense under one of those sections to attend an alcohol awareness | ||
program, a drug education program, or a drug and alcohol driving | ||
awareness program described by this subsection. If the defendant | ||
has been previously convicted once or more of an offense under one | ||
or more of those sections, the court may require the defendant to | ||
attend an alcohol awareness program, a drug education program, or a | ||
drug and alcohol driving awareness program described by this | ||
subsection. If the defendant is younger than 18 years of age, the | ||
court may require the parent or guardian of the defendant to attend | ||
the program with the defendant. The Texas Department of Licensing | ||
and Regulation or Texas Commission of Licensing and Regulation, as | ||
appropriate: | ||
(1) is responsible for the administration of the | ||
certification of approved alcohol awareness programs; | ||
(2) may charge a nonrefundable application fee for: | ||
(A) initial certification of the approval; or | ||
(B) renewal of the certification; | ||
(3) shall adopt rules regarding alcohol awareness | ||
programs approved under this section; and | ||
(4) shall monitor, coordinate, and provide training to | ||
a person who provides an alcohol awareness program. | ||
SECTION 3. Article 42A.514(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) If a judge grants community supervision to a defendant | ||
younger than 18 years of age convicted of an alcohol-related | ||
offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or | ||
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or | ||
an offense involving possession of a controlled substance or | ||
marihuana under Section 481.115, 481.1151, 481.116, 481.1161, | ||
481.117, 481.118, or 481.121, Health and Safety Code, the judge may | ||
require the defendant as a condition of community supervision to | ||
attend, as appropriate: | ||
(1) an alcohol awareness program approved under | ||
Section 106.115, Alcoholic Beverage Code; or | ||
(2) a drug education program that is designed to | ||
educate persons on the dangers of drug abuse and is approved by the | ||
Department of State Health Services [ |
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SECTION 4. Article 45.051(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) During the deferral period, the judge may require the | ||
defendant to: | ||
(1) post a bond in the amount of the fine assessed to | ||
secure payment of the fine; | ||
(2) pay restitution to the victim of the offense in an | ||
amount not to exceed the fine assessed; | ||
(3) submit to professional counseling; | ||
(4) submit to diagnostic testing for alcohol or a | ||
controlled substance or drug; | ||
(5) submit to a psychosocial assessment; | ||
(6) participate in an alcohol or drug abuse treatment | ||
or education program, such as: | ||
(A) a drug education program that is designed to | ||
educate persons on the dangers of drug abuse and is approved by the | ||
Department of State Health Services [ |
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(B) an alcohol awareness program described by | ||
Section 106.115, Alcoholic Beverage Code; | ||
(7) pay the costs of any diagnostic testing, | ||
psychosocial assessment, or participation in a treatment or | ||
education program either directly or through the court as court | ||
costs; | ||
(8) complete a driving safety course approved under | ||
Chapter 1001, Education Code, or another course as directed by the | ||
judge; | ||
(9) present to the court satisfactory evidence that | ||
the defendant has complied with each requirement imposed by the | ||
judge under this article; and | ||
(10) comply with any other reasonable condition. | ||
SECTION 5. Section 53.03(h-1), Family Code, is amended to | ||
read as follows: | ||
(h-1) If the child is alleged to have engaged in delinquent | ||
conduct or conduct indicating a need for supervision that violates | ||
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or | ||
481.121, Health and Safety Code, deferred prosecution under this | ||
section may include a condition that the child attend a drug | ||
education program that is designed to educate persons on the | ||
dangers of drug abuse and is approved by the Department of State | ||
Health Services [ |
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SECTION 6. Sections 54.042(a) and (c), Family Code, are | ||
amended to read as follows: | ||
(a) A juvenile court, in a disposition hearing under Section | ||
54.04, shall[ |
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a child's driver's license or permit, or if the child does not have a | ||
license or permit, to deny the issuance of a license or permit to | ||
the child if the court finds that the child has engaged in conduct | ||
that: | ||
(1) [ |
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Section 521.342(a), Transportation Code; or | ||
(2) [ |
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United States, an element or elements of which involve a severe form | ||
of trafficking in persons, as defined by 22 U.S.C. Section 7102[ |
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(c) The order under Subsection (a) [ |
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period of suspension or denial of 365 days. | ||
SECTION 7. Section 54.047(a), Family Code, is amended to | ||
read as follows: | ||
(a) If the court or jury finds at an adjudication hearing | ||
for a child that the child engaged in delinquent conduct or conduct | ||
indicating a need for supervision that constitutes a violation of | ||
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or | ||
481.121, Health and Safety Code, the court may order that the child | ||
attend a drug education program that is designed to educate persons | ||
on the dangers of drug abuse and is approved by the Department of | ||
State Health Services [ |
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SECTION 8. Section 521.342(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Section 521.344, the license of a | ||
person who was under 21 years of age at the time of the offense, | ||
other than an offense classified as a misdemeanor punishable by | ||
fine only, is automatically suspended on conviction of: | ||
(1) an offense under Section 49.04, 49.045, or 49.07, | ||
Penal Code, committed as a result of the introduction of alcohol | ||
into the body; | ||
(2) an offense under the Alcoholic Beverage Code, | ||
other than an offense to which Section 106.071 of that code applies, | ||
involving the manufacture, delivery, possession, transportation, | ||
or use of an alcoholic beverage; | ||
(3) a misdemeanor offense under Chapter 481, Health | ||
and Safety Code[ |
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(4) an offense under Chapter 483, Health and Safety | ||
Code, involving the manufacture, delivery, possession, | ||
transportation, or use of a dangerous drug; or | ||
(5) an offense under Chapter 485, Health and Safety | ||
Code, involving the manufacture, delivery, possession, | ||
transportation, or use of an abusable volatile chemical. | ||
SECTION 9. 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 of this state 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 | ||
section; 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 repeal | ||
of the law required under 23 U.S.C. Section 159. |