HBA-DMD H.B. 487 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 487 By: Hill Criminal Jurisprudence 2/25/1999 Introduced BACKGROUND AND PURPOSE Under current federal law, states are required to enact and enforce laws that meet the requirements for the Repeat Offender Program and the Open Container Program. Under each program, if the state provisions are not in place and enforced by October 1, 2001, Texas could lose its ability to spend construction dollars on congestion relief and other highway construction projects because one and one-half percent of the state's NHS, STP, and IM funds, or approximately $20 million in federal highway dollars, would be transferred to the highway safety or hazard elimination programs. For each year that a state is noncompliant, the amount that will be transferred will be increased to 3 percent of the state's NHS, STP, and IM funds. H.B. 487 brings Texas into compliance with federal law by establishing that a repeat offender of some alcohol related offenses is required to attend a drug or alcohol rehabilitation program. The bill also establishes that an occupant of a parked motor vehicle who is consuming alcohol or possesses an open container of alcohol commits a Class A misdemeanor and that the person need not be observed by a peace officer in the physical act of consumption to commit the offense. Additionally, the bill provides punishments and an affirmative defense for an offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 49.03, Penal Code, as follows: Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) Establishes that a person commits a Class A misdemeanor if that person consumes an alcoholic beverage while operating a motor vehicle in a public place, and deletes the condition that a peace officer observe that person committing the offense. (b) Establishes that an occupant of a motor vehicle located on a public highway, rest area, comfort station, picnic area, roadside park, or scenic overlook commits a Class A misdemeanor if that person consumes an alcohol beverage, or possesses in the passenger area a bottle, can, or other receptacle that contains an alcoholic beverage and has been opened, has a broken seal, or has the contents partially removed. (c) Establishes that it is an affirmative defense to prosecution under Subsection (b), that the person consuming an alcoholic beverage or the receptacle containing the alcoholic beverage is in the possession of a passenger in the living quarters of a house coach or house trailer; a passenger in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization who is transporting the alcoholic beverage to or from a religious function or ceremony. (d) Created from existing text. SECTION 2. Amends Section 521.344, Transportation Code, as follows: Sec. 521.344. New Title: SUSPENSION FOR OFFENSES INVOLVING INTOXICATION. (a) Deletes the reference to an offense committed as a result of the introduction of alcohol into the body. Establishes that a license suspension for a person punished under Sections 49.04, Penal Code (Driving While Intoxicated) or 49.07, Penal Code (Intoxication Assault), continues for a period set by a court for not less than one year, rather than 180 days, and not more than two years if the person was punished under Section 49.09, Penal Code (Enhanced Offenses and Penalties). Deletes "related to use of alcohol" from the title. (b) Makes conforming and nonsubstantive changes. (d) Prohibits the Department of Public Safety from revoking the license of a person required to successfully complete an educational program designed to rehabilitate persons who have operated motor vehicles while intoxicated, unless the person was punished under Section 49.09, Penal Code (Enhanced Offenses and Penalties). SECTION 3. Amends Section 9(h), Article 42.12, Code of Criminal Procedure, to require the judge, in any case involving a second or subsequent offense of Driving While Intoxicated, Intoxication Assault, or Intoxication Manslaughter under Sections 49.04, 49.07, and 49.08, Penal Code respectively, and involving the operation of a motor vehicle, to direct an approved person to conduct an evaluation to determine the appropriate action for a drug or alcohol rehabilitation program for a defendant. SECTION 4. Amends Sections 13(g) and (k), Article 42.12, Code of Criminal Procedure, to establish that Subsection (g) (which allows a jury to recommend that a driver's license of a defendant not be suspended) does not apply to a person punished under Section 49.09, Penal Code (Enhanced Offenses and Penalties). Makes a conforming change. SECTION 5. Amends Section 16, Article 42.12, Code of Criminal Procedure, by amending Subsection (b) and adding Subsection (b-1), to create an exception to the amounts of specified community service hours that can be ordered by the judge. Prohibits the amount of community service work ordered by the judge from being less than 30 eight-hour days for an offense of Driving While Intoxicated under Section 49.04, Penal Code, that is punished under Section 49.09(a), and prohibits the work from being less than 60 eight-hour days for the offense of Driving While Intoxicated Section 49.04, Penal Code, that is punished under Section 49.09(b). SECTION 6. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 7. Emergency clause.