HBA-AMW, EDN H.B. 91 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 91
By: Hill
Criminal Jurisprudence
3/4/2001
Introduced



BACKGROUND AND PURPOSE 

Under current federal law, states are required to enact  laws that meet
federal requirements for both repeat DWI offenders and  open container
laws.  If a state fails to enact or is not enforcing an open container law
or a law relating to repeat DWI offenders, federal law requires that a
percentage of federal highway funds apportioned to the state be diverted
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 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 91 establishes provisions which bring Texas into
compliance with federal open container laws and federal laws 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 91 amends the Penal and Transportation codes and the Code of
Criminal Procedure to expand the civil and criminal consequences of
operating a motor vehicle while intoxicated.   The bill amends the Penal
Code to provide that a person commits the offense of consumption or
possession of an alcoholic beverage regardless of whether the person is
observed by a peace officer if the person consumes an alcoholic beverage
while operating a motor vehicle in a public place.  The bill provides that
an occupant of a motor vehicle that is located on a public highway or on
the right-of-way of a public highway, including a rest area, comfort
station, picnic area, roadside park, or scenic overlook situated on the
right-of-way of a public highway, commits an offense if the person consumes
an alcoholic beverage or possesses in the passenger area of the motor
vehicle a receptacle that contains an alcoholic beverage that has been
opened, has a broken seal, or has the contents partially removed.  The bill
provides an affirmative defense to prosecution if the person consuming or
possessing the alcoholic beverage is a passenger in either the living
quarters of a house coach or motor vehicle that is designed, maintained, or
used primarily for the transportation of persons for compensation (Sec.
49.03, Penal Code). 

H.B. 91 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. 91 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. 91 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, 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,  Art.
42.12). The bill requires that the minimum amount of community service work
ordered by the judge be 30 eighthour 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, Art. 42.12). 

EFFECTIVE DATE

September 1, 2001.