HBA-AMW H.B. 90 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 90
By: Hill
Criminal Jurisprudence
3/4/2001
Introduced



BACKGROUND AND PURPOSE 

Under current federal law, states are required to enact and enforce laws
relating to repeat DWI offenders that meet federal requirements.  If a
state fails to enact or is not enforcing a repeat offender law, federal law
requires that a percentage of federal highway funds apportioned to the
state be transferred for use in traffic safety programs.  Currently, the
percentage of funds required to be transferred is 1.5 percent.  Beginning
October 1, 2002, the percentage diverted to traffic safety programs doubles
and since Texas is currently not in compliance with federal law the state
risks losing certain highway construction funds that could be spent on
projects to ease congestion and enhance mobility on highways.  House Bill
90 establishes provisions which bring Texas into compliance with federal
law for repeat DWI offenders. 

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. 

ANALYSIS

House Bill 90 amends the Transportation Code and the Code of Criminal
Procedure to expand the civil and criminal consequences of operating a
motor vehicle while intoxicated.  The bill amends the Transportation Code
to require the Department of Public Safety (DPS) to automatically suspend
all vehicle registrations of a person who is convicted of a second or
subsequent offense relating to the operating of a motor vehicle while
intoxicated (offense) committed within five years of the most recent
preceding offense and whose driver's license is suspended or revoked for
specified offenses.  The suspension of the vehicle registration begins on
the same day that the driver's license suspension or revocation takes
effect and continues until the driver's license suspension terminates or
the revoked license is reinstated (Sec. 502.451, Transportation Code).
Reinstatement of the vehicle registration is contingent on a reinstatement
fee set forth in the bill (Sec. 502.458).  During the registration
suspension, the person is prohibited from renewing the suspended vehicle
registration or registering another vehicle in the person's name (Sec.
502.452).  The bill provides that a person commits a misdemeanor subject to
a fine and jail time if the person operates the vehicle on a highway or
knowingly permits the vehicle to be operated on a highway in violation of
the suspension (Sec. 502.453).  The bill requires DPS to give written
notice by personal delivery or U.S. mail of the vehicle registration
suspension (Sec. 502.454).  The bill requires a person notified of a
vehicle registration suspension to send to DPS the person's vehicle
registration receipts and the license plates for the vehicle no later than
10 days after receipt of the written notice (Sec. 502.455).  Failure to
return the registration and license plates is an offense punishable by a
fine and jail time set forth in the bill (Sec. 502.456).  An owner whose
vehicle registration has been suspended is prohibited from transferring the
registration, unless authorized by the director of DPS (Sec. 502.457). 

H.B. 90 prohibits an occupational license order from taking effect on or
before the first anniversary of the effective date of the suspension if the
person's driver's license has been suspended as a result of a second or
subsequent conviction committed within five years of the date on which the
most recent preceding offense was committed (Sec. 521.251).  The bill
increases from 180 days to one year the minimum time of a  driver's license
suspension for a person with at least one previous conviction of an offense
relating to  the operating of a motor vehicle while intoxicated or who has
been convicted of intoxication manslaughter. The bill authorizes DPS to
revoke the driver's license of a repeat offender who as a result of
probation or community supervision is required to attend an educational
program or to not operate a vehicle without a deep lung breath analysis
device (Sec. 521.344). 

H.B. 90 amends the Code of Criminal Procedure to require the criminal court
judge, in any case involving a second or subsequent offense related to
operating a motor vehicle while intoxicated, intoxication assault, or
intoxication manslaughter, committed within five years of the date on which
the most previous offense was committed, to direct a supervision officer to
conduct an evaluation to determine the appropriateness of, and a course of
conduct necessary for, alcohol rehabilitation and to report that evaluation
to the judge (Sec. 16 and Art. 42.12).  The bill prohibits a jury from
recommending that a driver's license not be suspended for any person
convicted of one or more previous offenses of operating a vehicle while
intoxicated.  The bill also increases from 180 days to one year the minimum
amount of time for a suspension for a person convicted of one or more
previous offenses of operating a vehicle while intoxicated (Sec. 13 and
Art. 42.12).  The bill requires that the minimum amount of community
service work ordered by the judge be 30 eight-hour days for a person
convicted of one previous offense relating to the operating of a motor
vehicle while intoxicated, and 60 eight-hour days for a person convicted
twice of a previous offense relating to the operating of a motor vehicle
while intoxicated (Sec. 16 and Art. 42.12). 

EFFECTIVE DATE

September 1, 2001.