88R12379 CJD-D     By: Dutton H.B. No. 2922       A BILL TO BE ENTITLED   AN ACT   relating to the suspension of the driver's license of a person   arrested for an offense involving the operation of a motor vehicle   while intoxicated or under the influence of alcohol.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 524, Transportation Code, is repealed.          SECTION 2.  Article 55.06, Code of Criminal Procedure, is   amended to read as follows:          Art. 55.06.  LICENSE SUSPENSIONS AND REVOCATIONS.  Records   relating to the suspension or revocation of a driver's license,   permit, or privilege to operate a motor vehicle may not be expunged   under this chapter except as provided in Section 724.048 [524.015],   Transportation Code[, or Section 724.048 of that code].          SECTION 3.  Section 54.042(h), Family Code, is amended to   read as follows:          (h)  If a child is adjudicated for conduct that violates   Section 49.04, 49.07, or 49.08, Penal Code, and if any conduct on   which that adjudication is based is a ground for a driver's license   suspension under Chapter [524 or] 724, Transportation Code, each of   the suspensions shall be imposed. The court imposing a driver's   license suspension under this section shall credit a period of   suspension imposed under Chapter [524 or] 724, Transportation Code,   toward the period of suspension required under this section, except   that if the child was previously adjudicated for conduct that   violates Section 49.04, 49.07, or 49.08, Penal Code, credit may not   be given.          SECTION 4.  Section 75.014(e), Government Code, is amended   to read as follows:          (e)  The County Courts at Law No. 6 and No. 7 of El Paso   County, Texas, are designated as criminal misdemeanor courts.   Courts designated as criminal misdemeanor courts shall give   preference to and have primary responsibility for:                (1)  criminal misdemeanor cases;                (2)  appeals or petitions under Section 501.052,   521.242, or 521.302[, or 524.041], Transportation Code;                (3)  misdemeanor bail bond and personal bond forfeiture   cases; and                (4)  appeals de novo from the municipal and justice   courts.          SECTION 5.  Section 123.009, Government Code, is amended to   read as follows:          Sec. 123.009.  OCCUPATIONAL DRIVER'S LICENSE.   Notwithstanding Section 521.242, Transportation Code, if a   participant's driver's license has been suspended as a result of an   alcohol-related or drug-related enforcement contact, as defined by   Section 724.035 [524.001], Transportation Code, or as a result of a   conviction under Section 49.04, 49.07, or 49.08, Penal Code, the   judge or magistrate administering a drug court program under this   chapter may order that an occupational license be issued to the   participant.  An order issued under this section is subject to   Sections 521.248-521.252, Transportation Code, except that any   reference to a petition under Section 521.242 of that code does not   apply.          SECTION 6.  Sections 521.245(a) and (e), Transportation   Code, are amended to read as follows:          (a)  If the petitioner's license has been suspended under   Chapter [524 or] 724, the court shall require the petitioner to   attend a program approved by the court that is designed to provide   counseling and rehabilitation services to persons for alcohol   dependence. This requirement shall be stated in the order granting   the occupational license.          (e)  On receipt of the copy under Subsection (d), the   department shall suspend the person's occupational license for[:                [(1)  60 days, if the original driver's license   suspension was under Chapter 524; or                [(2)]  120 days[, if the original driver's license   suspension was under Chapter 724].          SECTION 7.  Section 521.2461, Transportation Code, is   amended to read as follows:          Sec. 521.2461.  TESTING FOR ALCOHOL OR CONTROLLED   SUBSTANCES.  The court granting an occupational license under this   subchapter may require as a condition of the license that the person   submit to periodic testing for alcohol or controlled substances, to   be conducted by an entity specified by the court, if the person's   license has been suspended under Chapter [524 or] 724 or as a result   of the person's conviction of an offense involving the operation of   a motor vehicle while intoxicated.          SECTION 8.  Sections 521.251(a) and (e), Transportation   Code, are amended to read as follows:          (a)  If a person's license is suspended under Chapter [524   or] 724 and the person has not had a prior suspension arising from   an alcohol-related or drug-related enforcement contact in the five   years preceding the date of the person's arrest, an order under this   subchapter granting the person an occupational license takes effect   immediately. However, the court shall order the person to comply   with the counseling and rehabilitation program required under   Section 521.245.          (e)  For the purposes of this section, "alcohol-related or   drug-related enforcement contact" has the meaning assigned by   Section 724.035 [524.001].          SECTION 9.  Sections 522.081(b) and (c), Transportation   Code, are amended to read as follows:          (b)  Except as provided by this subsection, this subsection   applies to a violation committed while operating any type of motor   vehicle, including a commercial motor vehicle.  A person who holds   a commercial driver's license or commercial learner's permit is   disqualified from driving a commercial motor vehicle for one year:                (1)  if convicted of three violations of a law that   regulates the operation of a motor vehicle at a railroad grade   crossing that occur within a three-year period;                (2)  on first conviction of:                      (A)  driving a motor vehicle under the influence   of alcohol or a controlled substance, including a violation of   Section 49.04, 49.045, or 49.07, Penal Code;                      (B)  leaving the scene of an accident involving a   motor vehicle driven by the person;                      (C)  using a motor vehicle in the commission of a   felony, other than a felony described by Subsection (d)(2);                      (D)  causing the death of another person through   the negligent or criminal operation of a motor vehicle; or                      (E)  driving a commercial motor vehicle while the   person's commercial driver's license or commercial learner's permit   is revoked, suspended, or canceled, or while the person is   disqualified from driving a commercial motor vehicle, for an action   or conduct that occurred while operating a commercial motor   vehicle;                (3)  for refusing to submit to a test under Chapter 724   to determine the person's alcohol concentration or the presence in   the person's body of a controlled substance or drug while operating   a motor vehicle in a public place; or                (4)  if an analysis of the person's blood, breath, or   urine under this chapter or Chapter [522, 524, or] 724 determines   that the person:                      (A)  had an alcohol concentration of 0.04 or more,   or that a controlled substance or drug was present in the person's   body, while operating a commercial motor vehicle in a public place;   or                      (B)  had an alcohol concentration of 0.08 or more   while operating a motor vehicle, other than a commercial motor   vehicle, in a public place.          (c)  A person who holds a commercial driver's license is   disqualified from operating a commercial motor vehicle for three   years if:                (1)  the person:                      (A)  is convicted of an offense listed in   Subsection (b)(2) and the vehicle being operated by the person was   transporting a hazardous material required to be placarded; or                      (B)  refuses to submit to a test under Chapter 724   to determine the person's alcohol concentration or the presence in   the person's body of a controlled substance or drug while operating   a motor vehicle in a public place and the vehicle being operated by   the person was transporting a hazardous material required to be   placarded; or                (2)  an analysis of the person's blood, breath, or urine   under this chapter or Chapter [522, 524, or] 724 determines that   while transporting a hazardous material required to be placarded   the person:                      (A)  while operating a commercial motor vehicle in   a public place had an alcohol concentration of 0.04 or more, or a   controlled substance or drug present in the person's body; or                      (B)  while operating a motor vehicle, other than a   commercial motor vehicle, in a public place had an alcohol   concentration of 0.08 or more.          SECTION 10.  Section 522.092, Transportation Code, is   amended to read as follows:          Sec. 522.092.  SUSPENSION, REVOCATION, CANCELLATION, OR   DENIAL OF DRIVER'S LICENSE UNDER OTHER LAWS.  A person subject to   disqualification under this chapter may also have the person's   driver's license suspended, revoked, canceled, or denied under one   or more of the following, if the conduct that is a ground for   disqualification is also a ground for the suspension, revocation,   cancellation, or denial of a driver's license suspension under:                (1)  Chapter 521;                (2)  [Chapter 524;                [(3)]  Chapter 601; or                (3) [(4)]  Chapter 724.          SECTION 11.  Sections 522.105(b) and (d), Transportation   Code, are amended to read as follows:          (b)  Except as provided by Subsection (c), the procedure for   notice and disqualification under this section is that specified by   Subchapters C and D, Chapter 724[, or Chapter 524].          (d)  An appeal of a disqualification under this section is   subject to Sections 724.101-724.104 [524.041-524.044].          SECTION 12.  Section 724.035, Transportation Code, is   amended by amending Subsection (b) and adding Subsection (d) to   read as follows:          (b)  The period of suspension or denial is two years if the   person's driving record shows one or more alcohol-related or   drug-related enforcement contacts[, as defined by Section   524.001(3),] during the 10 years preceding the date of the person's   arrest.          (d)  In this chapter, "alcohol-related or drug-related   enforcement contact" means a driver's license suspension,   disqualification, or prohibition order under the laws of this state   or another state resulting from:                (1)  a conviction of an offense prohibiting the   operation of a motor vehicle while:                      (A)  intoxicated;                      (B)  under the influence of alcohol; or                      (C)  under the influence of a controlled   substance;                (2)  a refusal to submit to the taking of a breath or   blood specimen following an arrest for an offense prohibiting the   operation of a motor vehicle while:                      (A)  intoxicated;                      (B)  under the influence of alcohol; or                      (C)  under the influence of a controlled   substance; or                (3)  an analysis of a breath or blood specimen showing   an alcohol concentration of a level specified by Section 49.01,   Penal Code, following an arrest for an offense prohibiting the   operation of a motor vehicle while intoxicated.          SECTION 13.  Section 724.041(g), Transportation Code, is   amended to read as follows:          (g)  An administrative hearing under this section is   governed by this subchapter [Sections 524.032(b) and (c),   524.035(e), 524.037(a), and 524.040].          SECTION 14.  Section 724.047, Transportation Code, is   amended to read as follows:          Sec. 724.047.  APPEAL. Subchapter F [Chapter 524] governs an   appeal from an action of the department, following an   administrative hearing under this subchapter [chapter], in   suspending or denying the issuance of a license.          SECTION 15.  Chapter 724, Transportation Code, is amended by   adding Subchapter F to read as follows:   SUBCHAPTER F. APPEAL          Sec. 724.101.  APPEAL FROM ADMINISTRATIVE HEARING.  (a)  A   person whose driver's license suspension is sustained may appeal   the decision by filing a petition not later than the 30th day after   the date the administrative law judge's decision is final. The   administrative law judge's final decision is immediately   appealable without the requirement of a motion for rehearing.          (b)  A petition under Subsection (a) must be filed in a   county court at law in the county in which the person was arrested   or, if there is not a county court at law in the county, in the   county court. If the county judge is not a licensed attorney, the   county judge shall transfer the case to a district court for the   county on the motion of either party or of the judge.          (c)  A person who files an appeal under this section shall   send a copy of the petition by certified mail to the department and   to the State Office of Administrative Hearings at each agency's   headquarters in Austin. The copy must be certified by the clerk of   the court in which the petition is filed.          (d)  The department's right to appeal is limited to issues of   law.          (e)  A district or county attorney may represent the   department in an appeal.          Sec. 724.102.  STAY OF SUSPENSION ON APPEAL.  (a)  A   suspension of a driver's license under Subchapter C is stayed on the   filing of an appeal petition only if:                (1)  the person's driver's license has not been   suspended as a result of an alcohol-related or drug-related   enforcement contact during the five years preceding the date of the   person's arrest; and                (2)  the person has not been convicted during the 10   years preceding the date of the person's arrest of an offense under:                      (A)  Article 6701l-1, Revised Statutes, as that   law existed before September 1, 1994;                      (B)  Section 19.05(a)(2), Penal Code, as that law   existed before September 1, 1994;                      (C)  Section 49.04, 49.045, or 49.06, Penal Code;                      (D)  Section 49.07 or 49.08, Penal Code, if the   offense involved the operation of a motor vehicle or watercraft; or                      (E)  Section 106.041, Alcoholic Beverage Code.          (b)  A stay under this section is effective for not more than   90 days after the date the appeal petition is filed. On the   expiration of the stay, the department shall impose the suspension.   The department or court may not grant an extension of the stay or an   additional stay.          Sec. 724.103.  REVIEW; ADDITIONAL EVIDENCE.  (a)  Review on   appeal is on the record certified by the State Office of   Administrative Hearings with no additional testimony.          (b)  On appeal, a party may apply to the court to present   additional evidence. If the court is satisfied that the additional   evidence is material and that there were good reasons for the   failure to present it in the proceeding before the administrative   law judge, the court may order that the additional evidence be taken   before an administrative law judge on conditions determined by the   court.          (c)  There is no right to a jury trial in an appeal under this   section.          (d)  An administrative law judge may change a finding or   decision as to whether the person had an alcohol concentration of a   level specified in Section 49.01, Penal Code, or whether a minor had   any detectable amount of alcohol in the minor's system because of   the additional evidence and shall file the additional evidence and   any changes, new findings, or decisions with the reviewing court.          (e)  A remand under this section does not stay the suspension   of a driver's license.          Sec. 724.104.  TRANSCRIPT OF ADMINISTRATIVE HEARING.  (a)     To obtain a transcript of an administrative hearing, the party who   appeals the administrative law judge's decision must apply to the   State Office of Administrative Hearings.          (b)  On payment of a fee not to exceed the actual cost of   preparing the transcript, the State Office of Administrative   Hearings shall promptly furnish both parties with a transcript of   the administrative hearing.          SECTION 16.  The change in law made by this Act applies only   to a person arrested for an offense committed on or after the   effective date of this Act. A person arrested for an offense   committed before the effective date of this Act 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 the effective date of this Act if   any element of the offense occurred before that date.          SECTION 17.  This Act takes effect September 1, 2023.