HBA-NMO H.B. 1927 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 1927
By: Carter
Criminal Jurisprudence
3/11/1999
Introduced
BACKGROUND AND PURPOSE
In 1997, Texas had the nation's highest number of alcohol-related traffic
deaths, 1,748, according to the National Highway Traffic Safety
Administration. That number represented almost half of all traffic
fatalities in this state.
The March 1999 report of the Texas Performance Review, in addressing the
issue of traffic safety, recommends several amendments to current state
law. These include the implementation of sobriety checkpoints with
standardized procedures, the requiring of a minimum one-year driver's
license suspension for repeat driving while intoxicated (DWI) offenders,
and the implementation of an alcohol and drug abuse driving awareness
program by the Texas Education Agency (TEA).
In 1990, the U.S. Supreme Court ruled that sobriety checkpoints do not
constitute illegal search and seizure; however, in 1994, the Texas Court of
Criminal Appeals declared checkpoints unconstitutional in Texas due to lack
of statewide, standardized guidelines.
H.B. 1927 authorizes the implementation of standardized sobriety
checkpoints, requires a minimum one year driver's license suspension for
second or subsequent offenses related to operating a vehicle while
intoxicated, and requires TEA to implement an alcohol and drug abuse
driving awareness program.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Education Agency and the
Texas Department of Insurance in SECTION 5 (Article 4413(29aa), V.T.C.S.)
of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 1, Code of Criminal Procedure, by adding Chapter
64, as follows:
CHAPTER 64. SOBRIETY CHECKPOINTS
Art. 64.01. DEFINITIONS. Defines "highway or street," and "law
enforcement agency."
Art. 64.02. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. Authorizes a law
enforcement agency to operate a temporary checkpoint on a highway or street
to determine whether persons operating motor vehicles are intoxicated and
in violation of Section 49.04 (Driving While Intoxicated), Penal Code.
Art. 64.03. APPROVAL OF AND PROCEDURES FOR SOBRIETY CHECKPOINTS. (a)
Provides that a peace officer (officer) of a least the rank of lieutenant
or its equivalent must approve the operation of the checkpoint and the
procedures to be used in its operation before it begins operation.
(b) Provides that the law enforcement agency must record in writing the
procedures used in selecting the checkpoint site and those to be used in
the operation of the checkpoint.
(c) Provides that the checkpoint procedures must ensure that the selection
of motor vehicles to be stopped is reasonably predictable and nonarbitrary.
(d) Requires the law enforcement agency, in establishing the location,
time, and design of a checkpoint, to consider the safety of both the public
and the officers. Requires the law enforcement agency to make reasonable
efforts to place signs or other devices to advise oncoming vehicles of the
checkpoint and the purposes of the checkpoint.
(e) Provides that the officer who makes the initial traffic directive with
the operator of the vehicle must be wearing a distinguishable uniform of
the law enforcement agency.
(f) Requires the law enforcement agency to establish procedures governing
the encounters between vehicle operators and officers to ensure that an
intrusion on the operator is minimized and an inquiry is reasonably related
to determining whether the operator is intoxicated and in violation of
Section 49.04, Penal Code.
(g) Authorizes an officer to request a person operating a vehicle to
display the person's driver's license and proof of financial
responsibility. Prohibits an officer from directing the operator or
passenger of a motor vehicle to leave the vehicle or move the vehicle off
the highway or street or checkpoint diversion route unless the officer has
reasonable suspicion or probable cause to believe that the person has
committed or is committing an offense. Authorizes that the design of the
checkpoint require each motor vehicle passing through the checkpoint be
diverted to a location adjacent to the highway or street to ensure safety.
(h) Prohibits an officer from requiring a vehicle operator to perform a
sobriety test unless the officer has reasonable suspicion or probable cause
to believe that the operator in violation of Section 49.04, Penal Code.
Provides that an officer who requires or requests an operator to provide a
specimen of breath, blood, or urine must comply with Chapter 724 (Implied
Consent), Transportation Code.
(i) Provides that the time during which an officer makes an inquiry of an
vehicle operator or passenger, unless the officer has reasonable suspicion
or probable cause to detain the person, should not exceed two minutes, and
the total time during which the operator must wait to pass through the
checkpoint should not exceed 10 minutes. Requires the law enforcement
agency to make reasonable efforts to reduce these periods to not more than
one and five minutes, respectively.
(j) Requires the law enforcement agency to make reasonable efforts to
publicize the operation of a checkpoint but is not required to disclose the
precise date, time, location, or purpose of the checkpoint.
(k) Prohibits a law enforcement agency from operating a checkpoint at one
location for more than four hours and from operating a checkpoint at the
same location more than twice in a seven-day period. Provides that
checkpoints located within one-half mile of each other are considered to be
at the same location. Provides that this subsection does not apply in an
emergency.
(l) Authorizes a law enforcement agency to operate a checkpoint with the
assistance of an officer of another law enforcement agency, with that
agency's consent.
(m) Requires the law enforcement agency to keep a record of the operation
of a checkpoint that contains its date, time, location, and duration; the
number of motor vehicles stopped and the number and nature of arrests made
and citations issued; and the identities of the officers operating the
checkpoint.
Art. 64.04. REPORTS ON OPERATION OF SOBRIETY CHECKPOINTS. (a) Requires a
law enforcement agency, not later than the third working day of each month,
to report the operation of each checkpoint during the preceding month to
the traffic safety section of the traffic operations division of the Texas
Department of Transportation (traffic operations division) at its offices
in Austin.
(b) Entitles the traffic operations division to inspect any information in
the possession of the law enforcement agency that relates to the operation
of a checkpoint by the agency.
(c) Requires the traffic operations division, not later than January 31,
2001, to submit a report on the effectiveness of sobriety checkpoints
operated under this chapter to the governor, the lieutenant governor, and
the speaker of the house of representatives. Provides that this subsection
expires on February 1, 2001.
SECTION 2. Amends Section 521.251, Transportation Code, redesignating
Subsection (d) as Subsection (e) and adding a new Subsection (d), as
follows:
(d) Prohibits an order granting a person an occupational license, if the
person's license has been suspended as a result of a second or subsequent
convictions under Section 49.04 (Driving While Intoxicated), 49.07
(Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code,
from taking effect before the first anniversary of the effective date of
the suspension, notwithstanding any other provision in this section.
SECTION 3. Amends Section 521.344, Transportation Code, as follows:
Sec. 521.344. New title: SUSPENSION FOR OFFENSES INVOLVING INTOXICATION.
Deletes "Related to the Use of Alcohol." Increases the minimum time of
driver's license suspension from 180 days to one year for a person who
commits subsequent intoxication offenses under Section 49.09 (Enhanced
Offenses and Penalties) or a person who commits intoxication manslaughter
under Section 49.08, Penal Code. Authorizes the Department of Public
Safety to revoke the driver's license of a person on probation or under
community supervision who was punished for subsequent intoxication offenses
under Section 49.09, Penal Code. Makes conforming changes.
SECTION 4. Amends Sections 13(g) and (k), Article 42.12, Code of Criminal
Procedure, to make conforming changes.
SECTION 5. Amends Chapter 5, Title 70, V.T.C.S., by adding Article 4413
(29aa), as follows:
ARTICLE 4413(29aa). DRUG AND ALCOHOL DRIVING
AWARENESS PROGRAMS
Sec. 1. Requires the Texas Education Agency (TEA), by rule, to adopt and
administer a drug and alcohol driving awareness program (program).
Authorizes TEA to impose reasonable fees necessary to implement and
administer the program.
Sec. 2. Authorizes the program to include one or more courses. Provides
that each course and the curriculum for the course must be certified by TEA
and include a minimum of six hours of instruction. Requires TEA to
prescribe the qualifications of and certify persons who provide instruction
in an approved course.
Sec. 3. Authorizes the Texas Department of Insurance, by rule, to provide
that a person who successfully completes a certified course in drug and
alcohol driving awareness is eligible to receive at least a five percent
discount on the person's personal automobile insurance rates.
SECTION 6. Effective date: September 1, 1999.
Makes application of Section 2,3, and 4 of this Act prospective.
SECTION 7. Emergency clause.