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2007 Session wrap-up
Bills that did not pass that MADD supported:

SB 59 – Zaffirini

Relating to the authority of certain law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated

SB 59 would establish uniform standards for Texas law enforcement agencies to enforce sobriety checkpoints on Texas highways. It does not require law enforcement agencies to conduct sobriety checkpoints; however, it does provide law enforcement with guidelines if the agency decides to conduct a checkpoint.

SB 233 – Harris

Relating to the authority of certain law enforcement agencies to establish a checkpoint to determine whether persons are boating while intoxicated

SB 233 would authorize state licensed marine enforcement officers to set up boating sobriety checkpoints on Texas lakes. Officers operating the checkpoint must try to inform oncoming watercraft of the checkpoint as well as process each watercraft in a timely manner. The checkpoint must be less than 10 minutes unless there is reasonable suspicion to detain the watercraft further. The law enforcement agency is required to publicize the checkpoint, but not the precise date, time, or location. The checkpoint may not operate for more than four hours and not more than twice at the same location in a seven-day period. The law enforcement agency is required to keep accurate records of the checkpoint details.

SB 437 – Ellis (parallel to HB 934, Harper-Brown)

Relating to requiring the use of an ignition interlock device on conviction of certain intoxication offenses

SB 437 requires that people convicted of a DWI offense be placed on community supervision and required to use an ignition interlock device during that time period.

SB 547 – Carona

Relating to commercial motor vehicle safety; providing a criminal penalty.

SB 547 authorizes the Texas Department of Transportation (TxDOT) to revoke or suspend a motor carrier's registration if the carrier fails to conduct any required drug or alcohol testing on an employee who holds a commercial driver's license.  This bill also requires a motor carrier to conduct criminal history checks on commercial drivers employed, offered employment, or those who lease a commercial motor vehicle from the motor carrier and authorizes TxDOT to investigate to ensure compliance.  Finally, this bill requires DPS to review the alcohol and drug testing of commercial driver's license holders as part of compliance reviews.

SB 989 – Carona

Relating to an interim study concerning alcohol-related offenses, alcohol awareness, and treatment for alcohol dependency in this state

SB 989 would establish an alcohol awareness study committee that would research and evaluate the current state of alcohol-related offense, alcohol awareness, and treatment for alcohol dependency to decrease the incidence of alcohol abuse in Texas .

SB 1061 – Williams

Relating to restricting persons who refuse to submit a breath specimen to the operation of a vehicle equipped with an ignition interlock device

SB 1061 requires the Department of Public Safety (DPS) to order a person’s license to be suspended for either 180 days or 90 days with the person restricted to the operation of a motor vehicle equipped with an ignition interlock device 90 days after the suspension ends on the person’s first refusal to submit to a breath specimen test. The bill requires longer suspensions for persons with repeated alcohol or drug related enforcement contacts.

HB 24 – Corte

Relating to a fee on sales of alcoholic beverages in certain municipalities to fund fire and emergency services and related educational activities

HB 24 would create a 10 cent fee per alcoholic beverage sold to be paid by the server in municipalities with a population over one million.  Money raised would be used for emergency services and alcohol awareness programs.

HB 25 – Corte

Relating to punishment for the sale of an alcoholic beverage to a minor

HB 25 would modify the Alcoholic Beverage Code, so that if a person has been previously convicted of an offense under this section, the second is a state jail felony.

HB 253 – Smith, Todd

Relating to the authority of the Department of Public Safety and certain law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated

HB 253 would establish uniform standards for Texas law enforcement agencies to enforce sobriety checkpoints on Texas highways. It does not require law enforcement agencies to conduct sobriety checkpoints, however, it does provide law enforcement with guidelines if the agency decides to conduct a checkpoint.

HB 259 – Corte

Relating to the persons authorized to draw a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances

HB 259 would authorize the ability for a blood specimen to be taken by a paramedic or a technician-paramedic, and removes the word "hospital" from the definition or where the specimen must be taken.

HB 411 – Eisslen

Relating to requiring the registration of certain containers of alcoholic beverages; providing criminal penalties

Underage drinking is associated with violence, suicide, educational failure, and other problem behaviors.  Frequent heavy drinking by young adolescents can lead to brain damage. Currently, Texas does not have consumer keg registration laws. There are more than 20 states that have keg registration laws.  HB 411 would establish a keg registration system to identify and penalize adults and youths that purchase kegs and allow those under the age of 21 to consume alcohol from them.

HB 489 – Berman

Relating to the duty of a passenger involved in certain accidents to render aid; providing a criminal penalty

Current law provides no penalties if a passenger of a vehicle involved in an accident that results in the injury or death of a person fails to render aid to the injured.  Current language concerning rendering aid only applies to the operator of the vehicle and while it may not be against the law, failure to assist an injured person could determine whether or not that injured person lives or dies.  If both the operator and passenger blatantly fail to render aid then they should equally be charged with the offense of failing to render aid. HB 489 would place more responsibility on a passenger of a vehicle involved in an accident resulting in an injury or death, to stop and render aid and would create criminal penalties for those passengers involved who fail to stop or report to authorities.

HB 540 – Martinez-Fischer

Relating to the creation of a hotline to report suspected incidents of impaired driving or dangerous driving

HB 540 would establish a 24-hour-a-day hotline for persons to report incidents of suspected driving while intoxicated or under the influence of alcohol or drugs and dangerous driving to the department.

HB 1810 – Gattis

Relating to the circumstances under which consent to the taking of a specimen of the breath or blood of a person arrested for certain intoxication offenses is implied.

HB 1810 would authorize peace officers to take a specimen, by breath or blood, when the officer has probable cause to believe the driver was intoxicated and the driver has been previously arrested on two or more occasions for a DWI offense.  HB1810 would increase the likelihood of removing habitually drunk drivers from the road before death or serious injury occurs and provides law enforcement, prosecutors, judges and juries with scientific evidence to show whether the driver was intoxicated.

HB 2851 – Davis, John

Relating to the requirement that certain persons whose driver's license are suspended or revoked on conviction of an offense for driving while intoxicated complete a drug or alcohol dependence evaluation and educational program

The purpose of HB 2851 is to ensure that anyone who is arrested for a DWI-related offense receives an educational class, completes an evaluation for potential alcohol or drug addiction, and receives the necessary course of treatment to prevent future DWI behaviors. 

HB 403 – Hodge

Relating to the early termination of parole or mandatory supervision for certain releasees who successfully complete a residential substance abuse treatment program

In fiscal year 2006, there were 76,791 people under active supervision for either parole, mandatory supervision or discretionary mandatory supervision, while only 1,251 parole officers were employed to supervise them.  According to the most recent prison population projections, the adult correctional population will continue to increase, resulting in a predicted prison population of 161,990 in 2011.  The Texas Department of Criminal Justice's (TDCJ) operating capacity is currently 150,834.  By 2011, the prison population will exceed capacity by 11,156 or 7.4 percent.  Between 1998 and 2002, TDCJ admissions grew 78 percent, primarily due to changes in sentencing policies and rising conviction rates.  During this period, more offenders, especially drug offenders, were arrested and successfully convicted than in previous years.  Last year alone, 59 percent of state prisoners were identified as chemically dependent.

HB 403 attempts to alleviate this situation by allowing the Board of Pardons and Paroles to terminate the person's duty to submit to supervision and duty to report if they successfully complete a substance abuse treatment program.

HB 707 – Turner

Relating to the persons authorized to take a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances.

HB 707 would prohibit a peace officer from taking a blood specimen under this chapter regardless if the person is otherwise authorized to take a blood specimen under this section.

HB 765 – Dutton

Relating to restrictions on the nondisclosure of certain criminal history records and to the duty of law enforcement officials

HB 765 replaces the phrase “deferred adjudication” with “community supervision” and provides the ability to petition for nondisclosure if an offender completes the required community supervision.

HB 767 – Dutton

Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law

For many years Texascourts and the attorney general interpreted the open records law to only permit the withholding of active or pending law enforcement files. The open records law was interpreted to require the disclosure of information contained in closed files to the extent that release of such information would not unduly interfere with law enforcement. In 1996, the Texas Supreme Court rejected this interpretation, finding inHolmes v. Morales, 924 SW 2d. 920 ( Tex. 1996) that the law enforcement exception in the open records law permitted law enforcement agencies to withhold both active and closed files. Consequently, law enforcement agencies are no longer required to permit inspection of such records, even if the case has been closed. The Supreme Court stated in its decision that it is the responsibility of the legislature to impose restrictions, if any, on the language of the open records law.  HB 767 would authorize the release of information contained in closed files if the release of such information would not unduly interfere with law enforcement.

HB 799 – Dutton

Relating to the automatic expunction of criminal records

HB 799 would significantly alter and create leniency in the government code outlining when a charged offender may have offenses permanently expunged from their criminal record.

HB 1148 – Madden

Relating to the definition of "deadly weapon" for purposes of the prosecution of certain offenses

HB 1148 would change the legal definition of a “deadly weapon” in a way that could possibly provide a loophole for attorneys to argue that a vehicle is not a deadly weapon, which could severely weaken a case regarding a DWI crash.

HB 1510 – Haggerty

Relating to the minimum and maximum terms of community supervision for a defendant charged with the commission of a felony

HB 1510 would alter the maximum number of community supervision years that can be assigned in a felony case from 10 years to 5 years.

SB 153 – Wentworth

Relating to the creation of an offense involving the supervision of a vehicle operator holding an instruction permit

Currently, a driver with a learner's permit is authorized to operate a vehicle while accompanied by a licensed driver 21 years of age or older.  There are currently no provisions prohibiting this accompanying licensed passenger from sleeping while the driver with a learner's permit operates the vehicle.

SB 153 makes it an offense for the accompanying licensed passenger of a driver with a learner's permit to sleep, be intoxicated, or to engage in any activity that prevents the passenger from observing and responding to the actions of the driver of the vehicle.

SB 328 – Carona

Relating to the requirement that the results of an alcohol and drug test taken by certain holders of a commercial driver's license be reported to the Department of Public Safety of the State of Texas

Current law requires an employer who is required to conduct alcohol and drug testing of an employee who holds a commercial driver's license to report a valid positive result of an alcohol or drug test, a refusal to provide a specimen, and an adulterated, substituted, or dilute specimen. There has been some confusion about the reporting requirements with regard to dilute specimens.

SB 328 clarifies current law to provide that only a valid positive dilute specimen must be reported to the Texas Department of Public safety by an employer motor carrier.

SB 766 – Ogden

Relating to the transfer of powers and duties for accident reports from the DPS to TxDOT

Currently, the Crash Records Bureau (Bureau) resides under the authority of the Texas Department of Public Safety (DPS) and is the state repository for motor vehicle traffic crash records. The Bureau is charged with the responsibility of maintaining motor vehicle traffic crash reports, classifying crashes in accordance with national standards, collecting data from each report, and entering the information into computer files. The Bureau provides records and crash data to the public and also to the Texas Department of Transportation (TxDOT). 

TxDOT is the largest user of the Bureau's data. TxDOT uses this data for several purposes, including evaluating the effectiveness of safety programs and obtaining funding to enhance traffic safety.  The DPS has proposed transferring responsibility for the Bureau's operation to TxDOT, along with transferring 86 full-time employees. As proposed, C.S.S.B. 766 accomplishes such transfer from DPS to TxDOT.

HB 423 – Corte

Relating to requiring that medical examiners and justices of the peace report certain deaths that result from a motor vehicle accident to the Texas Department of Public Safety

Texashas one of the worst records in the nation for reporting the alcohol results for fatally injured drivers.  One of the reasons for poor toxicology information is thatTexasdoes not have a coordinated system of procedures for all agencies and individuals to follow when reporting these results for traffic fatalities.  HB 423 amends Section 550.081, Transportation Code, to regulate certain details regarding the reporting of specific information pertaining to fatal traffic accidents by medical examiners or justices of the peace who are acting as coroners. 

HB 1049 – Phillips

Relating to the automatic suspension of the driver's license of certain persons convicted of the offense of manslaughter

Current law provides for the automatic suspension of a driver's license of a person convicted of certain offenses, such as criminally negligent homicide, driving while intoxicated, and intoxicated manslaughter.  HB 1049 adds the offense of manslaughter, in instances where a motor vehicle was used in the commission of the offense, to the list of offenses that, upon final conviction of the offense, result in the automatic suspension of the person’s driver's license.

HB 1212 – Pierson

Relating to the penalties for intoxication assault and intoxication manslaughter and to the sentencing of defendants convicted of those offenses

HB 1212 increases the penalty for an intoxication assault from a third degree felony to a second degree felony, which imposes a sentence of two to 20 years with a $10,000 fine.  The bill increases the penalty for intoxication manslaughter of a peace officer, firefighter, or emergency medical services personnel from a second degree felony to a first degree felony, which imposes a five-year to 99-year sentence with a fine of $10,000. 

HB 2115 – Frost

Relating to a defendant's eligibility for deferred adjudication of certain intoxication offenses

HB 2115 includes, in addition to certain other offenses, offenses under Section 49.045 (Driving While Intoxicated with a Child Passenger) and 49.065 (Assembling or Operating an Amusement Ride While Intoxicated), Penal Code, as exceptions to the offenses for which a judge cannot grant deferred adjudication.

HB 530 – Madden

Relating to the operation and funding of drug court programs

Drug courts have demonstrated a low recidivism rate and a lower cost to the state than incarceration.  The 77 ^th Legislature, Regular Session, 2001, passed legislation requiring counties with a population of over 550,000 to create such courts within those counties and authorizing them to be created in all other counties. HB 530 requires these courts to be created in counties with a population of over 200,000 and creates a $50 court fee, payable by the defendant, to fund the courts.

HB 1678 – Madden

Relating to the operation of a system of community supervision

HB 1678 reduces the number of years certain defendants are authorized to be placed on community supervision, and requires judges to review certain defendants' records after a certain amount of time to consider the reduction or early termination of the defendant’s period of community supervision.  The bill also requires a judge to give a defendant credit for time served in a treatment program in a substance abuse felony punishment facility or other court-ordered residential program or facility if the defendant successfully completes the program.

2005 Legislative Session Wrap
Bills MADD Supported That Passed:

HB 51
Under current law, persons convicted of certain intoxication offenses and placed on community supervision may be required to have an ignition interlock device installed on their vehicles.  The device makes it impossible for the vehicle to be operated if ethyl alcohol is detected in the breath of the operator.  If the person has been previously convicted of an intoxication offense, the person is required to have the device installed. H.B. 51 requires an interlock device to be installed if the person had a blood alcohol concentration level of 0.15 or more at the time the analysis was performed.  
         
In addition, Section 49.09 (Enhanced Offenses and Penalties), Penal Code, deals with enhanced penalties for certain intoxication offenses, for persons who have previously been convicted of an intoxication offense.  Under current law, the offense may not be enhanced if the prior conviction was more than 10 years ago and the defendant has not been convicted of a subsequent intoxication offense.  H.B. 51 repeals this ten-year provision.

HB 157
Currently, a person convicted of an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code is required to serve three days of confinement in county jail.  Apparently, three days can start at the end of the day on Friday and end at the beginning of the day on Sunday.  Therefore, the time of confinement is really only one full day.  

H.B. 157 ensures that offenders actually spend 72 continuous hours behind bars.

HB 233
Currently, emergency medical services (EMS) cannot respond to an accident, fire, disaster, or any other emergency situation outside their respective municipality without the scene first being secured by a law enforcement officer of that county or municipality if there is a possible threat of any kind against the ambulance personnel.  For various reasons, a municipal police officer may arrive on a crime scene before a county law enforcement officer, but the municipal police officer is not able to secure the area because it lies outside of the officer's jurisdiction.  The EMS team is therefore unable to administer emergency care until the officer employed by that jurisdiction arrives and secures the scene.  This could result in the victims of the crime or accident being denied immediate emergency care.
         
H.B. 233 amends Chapter 774, Health and Safety Code, to provide a municipality the option to allow a municipal police officer to accompany a municipal ambulance to a scene outside its respective  municipality whenever the ambulance personnel can be placed in harm's way.

HB 904
In 1997, the 75th Legislature determined that judges should have the discretion, following a single trial over multiple crimes, to consider ordering defendants to serve consecutive sentences for those crimes.  The listed crimes were intoxication manslaughter and sex offenses.

H.B. 904 adds the offense of intoxication assault to the list of crimes for which judges would have the discretion to order a defendant to serve consecutive sentences following a single trial.  In a drunk driving accident, there are frequently multiple victims.  The stacking laws should apply equally to punish those defendants who seriously injured (intoxication assault) as well as killed (intoxication manslaughter) multiple victims.  This change will consolidate such cases and avoid the need for multiple trials.

HB 1480
MADD has educational programs aimed at preventing drunk driving. H.B. 1480 would create a specialty license plate for MADD and allocate the money remaining, after administrative costs are paid, to educational programs sponsored by MADD.         

HB 2275
Chapter 704, Transportation Code, aims to provide a solution for the recidivism of driving while intoxicated (DWI).  This provision allows prosecutors to seize and forfeit a repeat offender's vehicle after the third DWI conviction.  This law is infrequently prosecuted because it is po