A Scarlet Letter for DWI's?
A BILL TO BE ENTITLED
AN ACT
relating to requiring a distinctive symbol or marking on the
driver's license issued to a person convicted of certain
intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 521, Transportation Code,
is amended by adding Section 521.127 to read as follows:
Sec. 521.127. DRIVER'S LICENSE FOR PERSONS CONVICTED OF
CERTAIN INTOXICATED DRIVING OFFENSES. (a) In this section,
"offense relating to the operating of a motor vehicle while
intoxicated" has the meaning assigned by Section 49.09, Penal Code.
(b) Notwithstanding Section 521.347, a court in which a
person is convicted of an offense relating to the operating of a
motor vehicle while intoxicated shall require the person to
surrender to the court the person's driver's license.
(c) A court that requires a person to surrender the person's
driver's license under Subsection (b) shall send to the department:
(1) a record of the person's conviction; and
(2) an indication that the driver's license issued to
the person is subject to the requirements of this section.
(d) A person who is required to surrender the person's
driver's license to the court under Subsection (b) may apply to the
department for the issuance of a new or duplicate license provided
that any applicable suspension period has expired.
(e) On the payment of all required fees, the department
shall issue to a person who applies for a new or duplicate license
under Subsection (d) a driver's license that includes a distinctive
symbol or marking on the face of the license identifying the license
holder as a person who has been convicted of an offense relating to
the operating of a motor vehicle while intoxicated. The department
by rule shall specify the symbol or marking required by this
subsection.
(f) A driver's license issued under this section must
include the symbol or marking required by Subsection (e) for the
following time periods:
(1) if the person to whom the license is issued has
been convicted only one time of an offense relating to the operating
of a motor vehicle while intoxicated, until the third anniversary
of the later of:
(A) the date of that conviction; or
(B) the expiration of the period of suspension of
the person's license as a result of the conviction;
(2) if the person to whom the license is issued has
been convicted two times of an offense relating to the operating of
a motor vehicle while intoxicated, until the fifth anniversary of
the later of:
(A) the date of the person's most recent
conviction of an offense relating to the operating of a motor
vehicle while intoxicated; or
(B) the expiration of the period of suspension of
the person's license as a result of that conviction; or
(3) if the person to whom the license is issued has
been convicted three or more times of an offense relating to the
operating of a motor vehicle while intoxicated, permanently.
(g) The symbol or marking required by Subsection (e) is in
addition to any other information on the person's driver's license
required by this chapter or the department.
(h) On or after the expiration of the time period specified
by Subsection (f)(1) or (2), as applicable, a person issued a
driver's license under Subsection (e) may apply to the department
for a license that does not include the distinctive symbol or
marking.
SECTION 2. Section 521.127, Transportation Code, as added
by this Act, applies only to a person who is convicted of an offense
on or after the effective date of this Act. A person who was
convicted of an offense before the effective date of this Act is
governed by the law in effect when the person was convicted, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.
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