Bill Text: TX SB691 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to suspension of a driver's license for persons convicted of certain misdemeanor drug possession offenses.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB691 Detail]
Download: Texas-2019-SB691-Comm_Sub.html
By: Johnson, et al. | S.B. No. 691 | |
(Nevárez) | ||
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relating to suspension of a driver's license for persons convicted | ||
of certain misdemeanor drug possession offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 521.372(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as otherwise provided by Section 521.3725, a [ |
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person's driver's license is automatically suspended on final | ||
conviction of: | ||
(1) an offense under the Controlled Substances Act; | ||
(2) a drug offense; or | ||
(3) a felony under Chapter 481, Health and Safety | ||
Code, that is not a drug offense. | ||
SECTION 2. Subchapter P, Chapter 521, Transportation Code, | ||
is amended by adding Section 521.3725 to read as follows: | ||
Sec. 521.3725. MISDEMEANOR DEFENDANTS. (a) This section | ||
applies only to a person: | ||
(1) who is convicted of a misdemeanor possession | ||
offense under Section 481.1161, 481.117, 481.118, or 481.121, | ||
Health and Safety Code, other than an offense for which punishment | ||
is increased under Section 481.134 of that code; and | ||
(2) whose driver's license is not subject to | ||
suspension for that offense or another offense arising from the | ||
same criminal episode under a provision other than Section 521.372. | ||
(b) The driver's license of a person described by Subsection | ||
(a) is automatically suspended as provided by Section 521.372, | ||
except that: | ||
(1) the suspension does not begin until the 180th day | ||
after the date of the person's final conviction; and | ||
(2) the person's license is no longer subject to | ||
suspension under Section 521.372 if, before the date the suspension | ||
is to begin under Subdivision (1): | ||
(A) the department receives notification from | ||
the clerk of the court in which the person was convicted that the | ||
person has successfully completed an educational program under | ||
Section 521.374 or equivalent education in a residential treatment | ||
facility authorized under that section; and | ||
(B) the person pays a fee in an amount that is | ||
equivalent to the sum of all fees applicable to a suspension and | ||
reinstatement of a license under this subchapter, regardless of | ||
whether the person's license is suspended or reinstated. | ||
(c) The period of suspension for a person described by | ||
Subsection (a) who does not complete the educational program | ||
described by Subsection (b)(2)(A) and pay the fees described by | ||
Subsection (b)(2)(B) is 180 days, except that the license may be | ||
reinstated during that period as provided by Section 521.377(a-1). | ||
SECTION 3. Section 521.374(a), Transportation Code, as | ||
amended by Chapters 851 (S.B. 1070), 1004 (H.B. 642), and 838 (S.B. | ||
202), 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) attend an educational program, approved by the | ||
Texas Department of Licensing and Regulation [ |
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Licensing and Regulation [ |
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educate persons 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 4. Section 521.377, Transportation Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a)(2), the court shall | ||
end the period of suspension and immediately reinstate the license | ||
of a person described by Section 521.3725 on notification described | ||
by Subsection (a)(1), provided the person pays a fee in an amount | ||
that is equivalent to the sum of all fees applicable to a suspension | ||
and reinstatement of a license under this subchapter. | ||
SECTION 5. 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 | ||
modification or full or partial repeal of the law required under 23 | ||
U.S.C. Section 159. |