Legislative Update (continued)
HB 379 Author: Harper-Brown | et al.
Relating to the requirement that all convicted DWI offenders (PC 49.04 - 49.08), if placed on community supervision are required to install a breath interlock device, for a period of not less than 50% of the supervision period. Amends TRC 521.246 to require Judges to order breath interlock device, if the person's license is suspended after a conviction, to include 1st time DWI offenders. Companion in Senate by Ellis, SB 170
HB509 Author: Riddle
Adds EMTs to the list of medical personnel who are authorized to draw blood and deletes the provision that the blood must be drawn in a “sanitary place” replacing it with language that the “blood specimen must be taken according to recognized medical procedures.”
HB 747 Author: Gattis
Sections 724.012(b) and (d), Transportation Code (B) amended to provide that if the defendant has been previously arrested on two or more occasions for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections, the peace officer is required to draw blood if the defendant refuses the breath test.
HB 823 Author: Turner, Sylvester
Amends Section 724.017, Transportation Code to provide that:
(d) A person who is a peace officer may not take a blood specimen under this chapter regardless of whether the person is otherwise authorized to take a blood specimen under this section.
HB 897 Author: Dutton
Section 524.015(b), Transportation Code, is amended to read as follows:
(b) A suspension may not be imposed under this chapter on a person who is acquitted of a criminal charge under Section 49.04, 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, arising from the occurrence that was the basis for the suspension or if the criminal charge arising from that occurrence is dismissed for any reason.
Currently, the law does not void the required suspension if the charges are dismissed.
HB 900 Author: Dutton
Provides that justice courts have exclusive original jurisdiction to issue occupational licenses, and eliminates jurisdiction of district and county level courts to do so. Also provides for appeal to county level courts.
HB 942 Author: Dutton
Amends Section 521.249, Transportation Code, to provide that the court must send a certified copy of the order granting occupational license to DPS within 10 days from the date of issuance, and must also send a certified copy directly to the petitioner.
HB 1110 Author: Callegari
Another bill which makes substantial revisions to the requirements regarding installation of breath interlock devices, but removes BWI and FYI from requirement for interlock.
HB 1260 Author: Hopson
This is an extensive piece of legislation (60 pages in length) which creates a DWI registration program that mirrors the registration program required for sex offenders. It would require a all DWI defendants convicted in this or any other jurisdiction to register with the local police agency within 10 days of changing their residence, and creates a new criminal offense if the defendant fails to register.
HB 1305 Author: Aycock
Amends Section 724.017(b), Transportation Code, to make it clear that the person who takes the blood specimen pursuant to a search warrant is protected by the same immunity from liability as a person who takes a blood specimen pursuant to the order of a peace officer.
HB 1354 Author: Vaught
Expands the definition of judges who can issue evidentiary blood search warrants, and includes all magistrates who are licensed attorneys. Currently, these evidentiary search warrants may only be issued by judges presiding over a court of record, and there is a statutory exception for counties with populations under 100,000.
HB 1499 Author: King, Tracy
Amends the CCP to require that all orders requiring installation of breath interlock devices as a condition of probation, occupational license, or otherwise must provide that the device be installed within three days (currently 30 days) of the date of the order, and amends the Transportation Code to require an order to remove the interlock device in three days and further provides that either DPS or a private interlock vendor may remove the device.
HB 1906 Author: Guillen
Authorizes judges who preside over DWI courts to order DPS to waive up to 80% of the defendant's civil penalty resulting from the DWI conviction if the judge certifies that the defendant has successfully completed the requirements of the DWI court program and graduated.
HB 4061 Author: Smith
Relating to the requirement that all convicted DWI offenders (PC 49.04 - 49.08), if placed on community supervision are required to install a breath interlock device, for a period of not less than 50% of the supervision period. Amends TRC 521.246 to require Judges to order breath interlock device, if the person's license is suspended after a conviction, to include 1st time DWI offenders. Amends TRC 521.251 to reduce the period of hard suspension on an ODL to 45 days for repeat offenders (current law is one year).
HB 2432 Author: Smith
Re-establishes the defendant’s right to be placed on deferred adjudication for certain intoxication offenses and to the consequences of the deferred adjudication.