In this code: 

(1) "Alcoholic beverage" means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for t beverage purposes, either alone or when diluted. 

(2) "Consignment sale" means: 

(A) the delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person receiving the beverages has the right at any time to relinquish possession to them or to return them to the shipper; 

(B) the delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person designated as 

(C) the delivery of alcoholic beverages to a factor or broker;

(D) any method employed by a shipper or seller by which a person designated as the purchaser of alcoholic beverages does not in fact purchase the beverages; 

(E) any method employed by a shipper or seller by which a person is placed in actual or constructive possession of an alcoholic beverage without acquiring title to the beverage; or

(F) any other type of transaction which may legally be construed as a consignment sale. 

(3) "Distilled spirits" means alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.

(4) "Illicit beverage" means an alcoholic beverage:

(A)manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code; on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, ifrequired, has not been affixed; or

(C) possessed, kept, stored, owned, or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code.

(5) Liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero, or barreteago, is prima facie evidence that it is liquor. 

(6) "Person" means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. 

(7) "Wine and vinous liquor" means the product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits,

(8) "Hotel" means the premises of an establishment:

(A) where, in consideration of payment, travelers are furnished food and lodging; 

B) in which are located at least 10 adequately furnished completely separate rooms with adequate facilities so comfortably disposed that persons usually apply for and re for receive overnight accommodations in the establishment, either in the course of usual and regular travel or as a residence; and 

(C) which operates a regular dining room constantly frequented by customers each day. 

(9) "Applicant" means a person who submits or files an original or renewal application with the county judge, commission, or administrator for a license or permit.

(10) "Commission" means the Texas Alcoholic Beverage Commission. 

(11) "Permittee" means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person 

(12) "Ale" or "malt liquor" means a malt beverage containing more than four percent of alcohol by weight. 

(13) "Mixed beverage" means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, ,the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.

(14) "Barrel" means, as a standard of measure, a quantity of beer equal to 31 standard gallons. 

(15) "Beer" means a malt beverage containing one-half off one o percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name o name other than beer. 

(16) "Licensee" means s a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person. 

(17) "Manufacturer" means a person engaged in the manufacture or brewing of beer, whether located inside or outside the state. 

(18) "Original package," as applied to beer, means a container holding one barrel, one-half barrel, one-quarter barrel, or one- eighth barrel of beer in bulk, or any box, crate, carton, or other device used in packing beer that is contained in bottles or other containers. 

(19) "Premises “has the meaning given it in Section 11.49 of this code. 

(20) "Citizen of Texas" and "citizen of this state" mean a person who is a citizen of both the United States and Texas.

(21) device "Minibar" which means requires a closed the use container of a key, in a magnetic hotel guestroom with access to the interior of the container restricted by a locking card, or similar device. 

(22) "Minibar key" means the key, magnetic card, " means the key, magnetic card, or similar device which permits access to the interior of a minibar.

(23) "Guestroom" means a sleeping room, including any adjacent private living area, in a hotel which is rented to guests for their use as an overnight accommodation. 

(24) "Wine cooler" means an alcoholic beverage consisting of vinous liquor plus plain, sparkling, or carbonated water and which may also contain one or more natural or artificial blending or flavoring ingredients. A wine cooler may have alcohol content as low as one-half of one percent by volume.

In this code, "minor" means a person under 21 years of age.

 (a) A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor an purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the 

(b) provisions of this code. An offense under this section is punishable as provided by Section 106.071.

(a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. 

 (b) An offense under this section is punishable as provided by Section 106.071.

(a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. 

(b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's [his] appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. The proof of identification may m include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card. An offense under this section is a Class A misdemeanor.

(a) A minor commits an offense if he consumes an alcoholic beverage. defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse. 

(b) It is an affirmative defense An offense under this section is punishable as provided by Section 106.071. 

(c) An offense under this section is punishable as provided by Section 106.071.

(d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection: 

(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a 

(2) conviction of an offense under this section; and an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

(e) Subsection (a) does not apply to a minor who: (2) (3) (1) requested emergency medical assistance in in response to the possible alcohol overdose of the minor or another person; was the first person to make a request for medical assistance under Subdivision (1); and if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (A) remained on the scene until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel.

(a) A minor commits an offense if the minor operates a motor vehicle in a public place or a watercraft while having any detectable amount of alcohol in the minor's system. 

(b) Except as provided by Subsection 

(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by: 

(1) a fine of not less than $500 or more than $2,000; 

(2) confinement in jail for a term not to exceed 180 days; or 

(3) both the fine and confinement. 

(d) In addition to any fine and any an order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for: 

(1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this

(2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section.

(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol. 

(f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under (g) (h) this section is not eligible for deferred disposition. 

(g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06 Penal Code. 

(h) For the purpose of determining whether a minor has been previously convicted of an offense under this section: an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered а conviction under this section; 

(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered а conviction under this section and

(2) an order of deferred disposition for an offense alleged under this section us considered a conviction of an offense under this section. 

(i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged. 

(j) In this section:

(1)"Child" has the meaning assigned by Section 51.02, Family Code. 

(2) "Motor vehicle" has the meaning assigned by Section 32.34(a), Penal Code

(3) "Public place" has the meaning assigned by Section 1.07, Penal Code. 

(4) "Watercraft" has the meaning assigned by Section 49.01, Penal Code

(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.

(b) A minor may possess an alcoholic beverage:

 (1) while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code;

 (2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; or

 (3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.

(c) An offense under this section is punishable as provided by Section 106.071.

(d) Subsection (a) does not apply to a minor who:

 (1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person;

 (2) was the first person to make a request for medical assistance under Subdivision (1); and

 (3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person:

  (A) remained on the scene until the medical assistance arrived; and

  (B) cooperated with medical assistance and law enforcement personnel.

(a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or makes available an alcoholic beverage to a minor with criminal negligence.

(b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor’s adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.

(c) An offense under this section is a Class A misdemeanor.

(d) A judge, acting under Article 42.12, Code of Criminal Procedure, who places a defendant charged with an offense under this section on community supervision under that article shall, if the defendant committed the offense at a gathering where participants were involved in the abuse of alcohol, including binge drinking or forcing or coercing individuals to consume alcohol, in addition to any other condition imposed by the judge:

 (1) require the defendant to:

  (A) perform community service for not less than 20 or more than 40 hours; and

  (B) attend an alcohol awareness program approved under Section 106.115; and

 (2) order the Department of Public Safety to suspend the driver’s license or permit of the defendant or, if the defendant does not have a driver’s license or permit, to deny the issuance of a driver’s license or permit to the defendant for 180 days.

(e) Community service ordered under Subsection (d) is in addition to any community service ordered by the judge under Section 16, Article 42.12, Code of Criminal Procedure, and must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that the court considers appropriate for rehabilitative purposes.

(b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.

(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by:

 (1) a fine of not less than $250 or more than $2,000;

 (2) confinement in jail for a term not to exceed 180 days; or

 (3) both the fine and confinement.

(d) In addition to any fine and any order issued under Section 106.115:

 (1) the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for:

  (A) not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or

  (B) not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and

 (2) the court shall order the Department of Public Safety to suspend the driver’s license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver’s license or permit, to deny the issuance of a driver’s license or permit for:

  (A) 30 days, if the minor has not been previously convicted of an offense to which this section applies;

  (B) 60 days, if the minor has been previously convicted once of an offense to which this section applies; or

  (C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.

(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that it considers appropriate for rehabilitative purposes.

(f) For the purpose of determining whether a minor has been previously convicted of an offense to which this section applies:

 (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and

 (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

(g) In this section, "child" has the meaning assigned by Section 51.02, Family Code.

(h) A driver’s license suspension under this section takes effect on the 11th day after the date the minor is convicted.

(i) A defendant who is not a child and who has been previously convicted at least twice of an offense to which this section applies is not eligible to receive a deferral of final disposition of a subsequent offense.

No minor may plead guilty to an offense under this chapter except in open court before a judge.

(a) Except as provided in Subsection (d) of this section, no person under 18 years of age may be charged with an offense under this chapter unless his parent or legal guardian is present.

(b) If the parent or legal guardian of a person under 18 years of age accused of a violation of this chapter resides within the jurisdiction of the court before whom the case is to be heard, the court shall summon the parent or legal guardian to appear in court at the trial and require him to be present at all proceedings.

(c) If the parent or legal guardian of a person under 18 years of age accused of a violation of this chapter resides outside the jurisdiction of the court before whom the case is to be heard, the court shall give written notice of the charge against the person to the parent or legal guardian.

(d) If the court is unable to locate or to compel the presence of the person's parent or legal guardian after diligent effort, the court may waive the requirement of presence of a parent or legal guardian.

(a) On conviction of an offense under this chapter or on deferred disposition under Section 49.02, Penal Code, or Section 106.02, 106.025, 106.03, 106.04, 106.05, or 106.07, the court shall require the defendant to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse. On conviction of a minor of an offense under one or more of those sections, the court, in addition to assessing a fine or other sanction, shall order the Department of Public Safety to suspend the minor's driver's license or permit.

If the defendant has not been previously convicted of an offense under one of those sections, the court shall require the defendant to attend the alcohol awareness program. If the defendant has been previously convicted one or more times of an offense under one or more of those sections, the court may require the defendant to attend the alcohol awareness program. If the defendant is younger than 18 years of age, the court may require the parent or guardian of the defendant to attend the program with the defendant.

The Texas Commission on Alcohol and Drug Abuse:

 (a) is responsible for the administration of the certification of approved alcohol awareness programs;

 (b) may charge a nonrefundable application fee for:

  (A) initial certification of the approval; or

  (B) renewal of the certification;

 (c) shall ensure rules regarding alcohol awareness programs approved under this section:

  (A) require the program to provide a minimum of six hours of instruction;

  (B) require the program to present a program to persons who violate an alcohol awareness law;

 (d) When requested, an alcohol awareness program shall issue a certificate of completion to a person who successfully completes the program.

 (e) The court shall require the defendant to present to the court, within 90 days of the date of final conviction, evidence in the form provided by the court that the defendant, as ordered by the court, has satisfactorily completed an alcohol awareness program or another suitable program that the court determines to be equivalent. For good cause the court may extend this period by not more than 90 days. If the defendant presents required evidence within the prescribed period, the court:

  (1) may not impose the license suspension described by Subsection (d); and

  (2) shall notify the Department of Public Safety.

 (f) If the defendant does not present required evidence within the prescribed period, the court:

  (1) shall notify the Department of Public Safety to suspend the defendant's driver's license or permit for a period not to exceed six months, or if the defendant does not have a license or permit, to deny the issuance of a license or permit for that period; and

  (2) may notify the defendant or the parent, managing conservator, or guardian of the defendant to do or not do any act or refrain from doing any act necessary to comply with this section if the court finds that the act will increase the likelihood that the defendant will present evidence of completion of the program and that the act is satisfactorily completed in accordance with the court's order under this section.

 (g) The Department of Public Safety shall send notice of the suspension or prohibition order issued under Subsection (f) by first class mail to the defendant. The notice must state the period of the suspension or prohibition order, the reason for the suspension or prohibition, and the period covered by the suspension or prohibition.

Unless the clerk is otherwise required to make the information in a report submitted under Section 101.09, the clerk of the court shall report to the commission, for inclusion in the commission, a report submitted under this section 101.09 of the conviction of an offense under this chapter and adjudication under Title 3, Family Code, for conduct that constitutes an offense under this chapter. The report must be in the form prescribed by the commission.

(a) Each court, including a justice court, municipal court, or juvenile court that has jurisdiction under Title 3, Family Code, shall notify the department of:

 (1) adjudication under Title 3, Family Code, for conduct that constitutes an offense under this chapter;

 (2) conviction of an offense under this chapter; and

 (3) the issuance of an order of deferred disposition for conduct that constitutes an offense under this chapter.

(b) The report must be in a form prescribed by the Department of Public Safety and must contain the driver's license number of the individual convicted or receiving an order of deferred disposition.

(c) The Department of Public Safety shall maintain the information in its files and use the information to deny issuance of a driver's license to the individual for law enforcement agencies and courts as necessary to enable those agencies and courts to carry out their official duties. The information is admissible in any action in which it is relevant. A person who holds a driver's license having the same number that is contained in a report filed under this section is presumed to be the person to whom the record relates. Presumption may be rebutted only by evidence negating identity.

(d) The department may maintain the information and may not be disclosed except as provided in this section. The Chapter 58, Family Code, or other law limiting disclosure of information to or from a juvenile minor or the information relating to the minor does not apply to information reported and maintained under this section.

(a) An individual convicted of not more than one violation of this code while the individual was under the age of 21 years, may apply to the court in which the individual was convicted to have the conviction expunged.

(b) The application must be made:

 (1) on or after the individual's 21st birthday; and

 (2) only if the individual has not been convicted of another violation of this code while the individual was a minor other than the one the individual seeks to have expunged.

(c) If the court finds that the applicant was not convicted of any other violation of this code while the applicant was a minor and that the applicant satisfies the requirements of this section, the court shall order the conviction, together with all complaints, verdicts, sentences, and other documents relating to the offense, expunged from the applicant's record. As of the entry of the order, the applicant shall be released from all disabilities resulting from the conviction and the conviction may not be shown or made known for any purpose.

(a) Except as provided in Subsections (b) and (c) of this section, the commission or administrator may not deny or suspend a driver's license or permit or, if the person does not have a driver's license, deny the issuance of a driver's license or permit to a person who is subject to Subsection (a) only on the basis of the registration permit if it is found, on notice and hearing, that the

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(a) A licensee or permittee with criminal negligence sold, served, dispensed, or delivered an alcoholic beverage to a minor or with criminal negligence permitted a minor to violate Section 106.04 or 106.05 of this code on the licensed premises.

(b) For a second offense the commission or administrator may cancel the license or permit or suspend it for not more than 60 days. For a third offense within a period of 36 consecutive months the commission or administrator may cancel the permit or suspend it for not more than 12 months.

(c) The commission or administrator may relax the provisions of this section concerning suspension and cancellation and assess a sanction the commission or administrator finds just under the circumstances if, after a hearing, the licensee or permittee establishes to the satisfaction of the commission or administrator:

 (1) that the violation could not reasonably have been prevented by the permittee or licensee by the exercise of due diligence;

 (2) that the permittee or licensee was entrapped; or

 (3) that an agent, servant, or employee of the permittee or licensee violated this code without the knowledge of the permittee or licensee.

(a) An employee does not commit an offense under Section 106.03, 106.06, or 106.07 if:

   (1) the employer requires the employee to attend a commission-approved seller training program;

   (2) the employee has actually attended such a program;

   (3) the employee is acting within the scope of their employment at the time of the offense; and

   (4) the training program is approved by the commission.

(b) The commission may approve seller training programs offered by:

   (1) public or private colleges or universities;

   (2) licensees or permittees; or

   (3) other entities the commission determines appropriate.

(c) A hotel management company or corporate office that holds a permit or license may require its employees to attend a seller training program approved by the commission.

(d) The commission shall adopt rules to implement this section.

(a) A permittee or licensee commits an offense if he employs, authorizes, permits, or induces a person younger than 18 years of age to dance with another person in exchange for a benefit, as defined by Section 1.07, Penal Code, on the premises covered by the permit or license.

(b) An offense under Subsection (a) is a Class A misdemeanor.

(c) In addition to a penalty imposed under Subsection (b), the commission or administrator shall:

    (1) suspend for a period of five days the license or permit of a person convicted of a first offense under Subsection (a);

    (2) suspend for a period of 60 days the license or permit of a person convicted of a second offense under Subsection (a); and

    (3) cancel the license or permit of a person convicted of a third offense under Subsection (a).

(d) This section does not apply to a gift or benefit given for a dance at a wedding, anniversary, or similar event.

(e) A person does not commit an offense under Subsection (a) if the person requested and examined an apparently valid Texas driver's license or identification card issued by the Department of Public Safety containing a physical description consistent with the person's appearance.

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(4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.

(8) "Bodily injury" means physical pain, illness, or any impairment of physical condition.

(12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.

(15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States).

(16) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code.

(18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code.

(23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary.

(31) "Misdemeanor" means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.

(39) "Possession" means actual care, custody, control, or management.

(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(a) Misdemeanors are classified according to the relative seriousness of the offense into three categories:

    (1) Class A misdemeanors;

    (2) Class B misdemeanors;

    (3) Class C misdemeanors.

(b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor.

(c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.

(a) Felonies are classified according to the relative seriousness of the offense into five categories:

    (1) capital felonies;

    (2) felonies of the first degree;

    (3) felonies of the second degree;

    (4) felonies of the third degree; and

    (5) state jail felonies.

(b) An offense designated a felony in this code without specification as to category is a state jail felony.

An individual adjudged guilty of a Class A misdemeanor shall be punished by:

 (1) a fine not to exceed $4,000;

 (2) confinement in jail for a term not to exceed one year; or

 (3) both such fine and confinement.

An individual adjudged guilty of a Class B misdemeanor shall be punished by:

 (1) a fine not to exceed $2,000;

 (2) confinement in jail for a term not to exceed 180 days; or

 (3) both such fine and confinement.

An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole.

(b) If the individual's case was transferred to the court under Section 54.02, Family Code; or if the individual is found guilty of a capital felony in a case in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment or death is mandatory on conviction of a capital felony.

(c) In a capital felony in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:

    (1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the case was transferred to the court under Section 54.02, Family Code; and

    (2) a sentence of life imprisonment is mandatory on conviction of the capital felony.

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

 (1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or

 (2) the individual has previously been finally convicted of any felony:

  (A) under Section 20A.03, Penal Code;

  (B) under Section 21.02, Penal Code;

  (C) under Section 22.011, Penal Code;

  (D) under Section 22.021, Penal Code; or

  (E) for which the judgment contains an affirmative finding under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure.

(a) In this section:

 (1) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

In this chapter:

 (1) "Alcohol concentration" means the number of grams of alcohol per:

  (A) 210 liters of breath;

  (B) 100 milliliters of blood; or

  (C) 67 milliliters of urine.

 (2) "Intoxicated" means:

  (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

  (B) having an alcohol concentration of 0.08 or more.

 (3) "Open container" has the meaning assigned by Section 49.031(a).

 (4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying persons or property on water, other than a device propelled only by the current of water.

 (5) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.

 (6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.

(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes as a part of the person's professional medical treatment by a licensed physician.

(a) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.

(b) It is not a defense to prosecution under this section that the person consumed or intended to consume the alcoholic beverage.

(c) It is an exception to the application of Subsection (a) that at the time of the offense the defendant was a passenger in:

 (1) a motor vehicle that is designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or

 (2) the living quarters of a motorized house coach or motorized house trailer, including a self-propelled mobile home, motor home, or a recreational vehicle.

(d) An offense under this section is a Class C misdemeanor.

(e) A peace officer charging a person with an offense under this section shall issue a written citation and notice to appear. The citation and notice to appear must permit the person to appear before the magistrate, the person charged is not taken into custody, and the offense charged is a Class C misdemeanor. The person must promise to appear before the magistrate by signing the citation and notice to appear issued by the peace officer.

(a) A person commits an offense if:

    (1) the person is intoxicated while operating a motor vehicle in a public place; and

    (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b) An offense under this section is a state jail felony.

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

(d) If it is shown on the trial of an offense under this section that the analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

(a) A person commits an offense if the person is intoxicated while operating an aircraft.

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(a) A person commits an offense if the person is intoxicated while operating a watercraft.

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the amusement ride or assembling the mobile amusement ride had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days.

(a) A person commits an offense if the person, by accident or mistake:

    (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or

    (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

(b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(c) An offense under this section is a felony of the third degree.

(a) A person commits an offense if the person:

    (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride; or

    (2) assembles a mobile amusement ride; and

    (3) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

(b) An offense under this section is a felony of the second degree.

(a) A person convicted of an offense under Section 49.04, 49.07, 49.08, or 49.065, or of an offense under Section 49.04, 49.07, 49.08, or 49.065, as a Class A misdemeanor, with a prior conviction under any of those sections, shall be punished for a third degree felony.

(b) An offense under Section 49.04, 49.07, 49.08, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that:

  (1) the person has been previously convicted:

     (A) one time of an offense under Section 49.04, 49.07, 49.08, or 49.065; or

     (B) one time of an offense under Section 49.04, 49.07, 49.08, or 49.065, and one time of an offense under Article 6701l-1, Revised Statutes, as that law existed before the effective date of this chapter; or

  (2) the person committed the offense with:

     (A) a passenger younger than 15 years of age in the vehicle; or

     (B) another offense under Section 49.04, 49.07, 49.08, or 49.065, and the person causes serious bodily injury to a peace officer, firefighter, or emergency medical services personnel while in the actual discharge of an official duty.

(c) An offense under Section 49.04, 49.07, 49.08, or 49.065 is a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted:

 (1) one time of an offense under Section 49.08; or

 (2) one time of an offense under Section 49.08 and one time of an offense under Article 6701l-1, Revised Statutes, as that law existed before the effective date of this chapter.

(d) For the purposes of this section:

  (1) "Emergency medical services personnel" has the meaning assigned by Section 773.003, Health and Safety Code.

  (2) "Peace officer" means:

     (A) a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law; or

     (B) a federal law enforcement officer who is authorized to enforce federal law.

  (3) "Firefighter" means an individual who is a member of a fire department that is operated by this state or by a political subdivision of this state or who is employed by this state or a political subdivision of this state.

  (4) "Passenger" means a person who is not an operator of a motor vehicle.

(e) A peace officer, firefighter, or emergency medical services personnel who is subject to certification by the person's licensing authority as having suffered serious bodily injury is rebuttably presumed to have suffered serious bodily injury.

(f) For the purposes of Subsection (b)(2)(B), "serious bodily injury" means an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(g) A peace officer, firefighter, or emergency medical services personnel who is subject to certification by the person's licensing authority as having suffered serious bodily injury is rebuttably presumed to have suffered serious bodily injury.

(h) A conviction may be had under Subsection (c) only if the indictment or information alleges that the person has been previously convicted as provided in Subsection (c).

(i) A conviction may be had under Subsection (b)(2)(B) only if the indictment or information alleges that the person committed the offense with another offense under Section 49.04, 49.07, 49.08, or 49.065 and caused serious bodily injury to a peace officer, firefighter, or emergency medical services personnel while in the actual discharge of an official duty.

(j) A conviction may be had under Subsection (b)(2)(A) only if the indictment or information alleges that the

In a prosecution under Section 49.03, 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.

(a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.

(b) Subsection (a) does not apply to an offense under Section 49.031.

This chapter does not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child.

(a) A "search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or to a commanding officer for him and photograph a child and to deliver the magistrate any of the film exposed pursuant to the order.

(b) No search warrant shall issue for any purpose in this state unless sufficient facts are first presented to satisfy the issuing magistrate that probable cause does in fact exist for its issuance. A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested. The affidavit's office of execution is limited, and the magistrate shall endorse on it the exact hour and date of its presentation. The affidavit is public information if executed, and the magistrate shall make a copy of the affidavit available for public inspection in the clerk's office of the executing court.

(c) A search warrant may not be issued under Article 18.02(10) unless the sworn affidavit required by Subsection (b) sets forth sufficient facts to establish probable cause:

    (1) that a specific offense has been committed;

    (2) that a specifically described item constituting evidence of that offense or evidence that a particular person committed that offense can be found at the place to be searched; and

    (3) that the property or items constituting evidence to be searched for or seized are located at or on the particular person, place, or thing to be searched.

Except as provided by Subsections (d), (e), and (j), only a judge of a municipal court of record or a county court who is an attorney licensed by this state, a statutory county court judge, a district court judge, a judge of the Court of Criminal Appeals, including the presiding judge, or a justice of the Supreme Court of Texas, including the chief justice, may issue a search warrant under Article 18.02(10).

(d) A search warrant described property or items to be seized or searched for under Subdivision (10) of Article 18.02 may be issued by any magistrate named in Subdivisions (1) through (9) or in Subdivision (11) of Article 18.01 of this code if the property, items or contraband enumerated in Subdivisions (1) through (9) or in Subdivision (11) of Article 18.01 of this code are to be found at the same place as the property or items described by Subdivision (10) of Article 18.02 and the search warrant is issued in conjunction with a search warrant issued under Subdivision (1) through (9) or Subdivision (11) of Article 18.02 by a judge of a district court, a court of appeals, the court of criminal appeals, or the supreme court.

(e) A search warrant may not be issued under Subdivision (10) of Article 18.02 of this code to search for and seize property or items that are not described in Subdivision (1), (2), (3), (4), (5), (6), (7), (8), or (9) of Article 18.02 of this code, unless the sworn affidavit required by Subsection (c) of this article sets forth sufficient facts to establish probable cause that:

    (1) a specific offense has been committed;

    (2) the specifically described property or items that are to be searched for or seized constitute evidence of that offense or evidence that a particular person committed that offense; and

    (3) the property or items are located at or on the particular person, place, or thing to be searched.

(f) A search warrant may not be issued pursuant to Article 18.02 of this code to search for and seize property or items described by Subdivision (10) of Article 18.02 of this code unless the sworn affidavit required by Subsection (c) of this article sets forth sufficient facts to establish probable cause that:

    (1) a specific offense has been committed;

    (2) a specifically described person has been a victim of the offense;

    (3) the evidence to be searched for or seized is evidence that the offense occurred or evidence that the person was a victim of the offense; and

    (4) the evidence is located at or on the property or items that are to be searched or the evidence can be detected by photographic means; and

(g) that the person to be searched for and photographed is located at the particular place to be searched.

(h) A search warrant may not be issued under Subdivision (12) of Article 18.02 of this code to collect a blood specimen from a person who:

    (1) is arrested for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and

    (2) refuses to submit to a breath or blood alcohol test.

(i) Only the following magistrates may issue a search warrant under Article 18.02(10) to collect a blood specimen from a person:

    (1) a judge of a municipal court of record who is an attorney licensed by the state;

    (2) a judge of a county court who is an attorney licensed by the state; or

    (3) a judge of a district court.

(j) A search warrant may not be issued under Subdivision (12) of Article 18.02 of this code unless the sworn affidavit required by Subsection (c) of this article sets forth sufficient facts to establish probable cause that:

    (1) the person is intoxicated as defined by Section 49.01, Penal Code; and

    (2) the person has committed an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and

    (3) the person has been arrested for the offense; and

    (4) the search warrant requested seeks a blood specimen for the purpose of analyzing the specimen to determine the alcohol concentration or the presence of a controlled substance or other substance.

(k) A search warrant may not be issued under Subdivision (12) of Article 18.02 of this code unless the magistrate determines that exigent circumstances exist.

(d) In all other cases the judge may grant deferred adjudication unless:

     (1) the defendant is charged with an offense:

          (A) under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or

          (B) for which punishment may be increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any one of those subsections; or

     (2) the defendant:

          (A) is charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a felony described by Section 13B(b) of this article; and

          (B) has previously been placed on community supervision for any offense under Paragraph (A) of this subdivision.

(a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defendant submit to:     

     (1) not less than three days of confinement in county jail if the defendant was punished under Section 49.09(a); not less than five days of confinement in county jail if the defendant was punished under Section 49.09(b) and was subject to Section 49.09(h); not less than 10 days of confinement in county jail if the defendant was punished under Section 49.09(b) and was not subject to Section 49.09(h); not less than 30 days of confinement in county jail if the defendant was punished under Section 49.09(c); or not less than 30 days of confinement in county jail if the defendant was punished under Section 49.09(g); and  

     (2) an evaluation by a supervision officer or by a person, program, or facility approved by the Texas Commission on Alcohol and Drug Abuse for the purpose of having the facility prescribe and carry out a course of conduct necessary for the rehabilitation of the defendant's drug or alcohol dependence condition.

(b) A judge granting community supervision to a defendant convicted of an offense under Section 49.08, Penal Code, shall require as a condition of community supervision that the defendant submit to: 

     (1) not less than 120 days of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice if the defendant is granted community supervision under Subdivision (2) of Subsection (d) of Section 49.09; or 

     (2) not less than 30 days of confinement in county jail or not less than 60 days of confinement in a program of rehabilitation, at the discretion of the judge, if the defendant is granted community supervision under any other provision of Section 49.09.

(c) If a judge requires as a condition of community supervision that the defendant participate in a prescribed program or activity, the judge shall require the defendant to pay the cost of participating in the program or activity. If the judge determines that the defendant is unable to pay the cost of such rehabilitation program or activity, the judge shall make that finding and the facility shall waive the cost of the program or activity for the defendant as the facility deems just. In making a determination of a defendant's ability to pay the cost of the defendant's drug or alcohol abuse issue, the judge shall consider whether the defendant has insurance coverage available to pay the rehabilitation costs.

(d) If a judge requires as a condition of community supervision that the defendant participate in a prescribed course of conduct necessary for the rehabilitation of the defendant and the defendant claims to be financially unable to pay for the course of conduct, the judge shall require that the defendant submit to an evaluation by a qualified person to determine the defendant's ability to pay. The evaluation must be made by a person who is not employed by the facility that provides the course of conduct and who does not benefit financially from the defendant's participation in the course of conduct. If the evaluation indicates that the defendant is unable to pay all or part of the cost of such rehabilitation based on the defendant's ability to pay, the judge shall consider the evaluation before imposing the condition or shall pay the defendant against the fine assessed. In making a determination of a defendant's ability to pay for rehabilitation under this subsection, the judge shall consider whether the defendant has insurance coverage that may provide for the payment of the costs of rehabilitation.

(e) The confinement imposed shall be treated as a condition of community supervision, and in the event of a sentence of confinement imposed before the revocation of community supervision, the term of confinement served may not exceed 90 days, Penal Code, and subject to Section 49.09, Penal Code.

(f) If a judge grants community supervision to a defendant convicted of an offense under Sections 49.04–49.08, Penal Code, and before receiving community supervision the defendant has not submitted to an evaluation under Section 9 of this article, the judge shall require the defendant to submit to the evaluation as a condition of community supervision. If the evaluation indicates that the defendant is in need of treatment for drug or alcohol dependency, the judge shall require the defendant to submit to a treatment program that is approved or licensed by the Department of State Health Services or that complies with standards established by the Texas Commission on Alcohol and Drug Abuse or in a program or facility that complies with standards established by the community justice assistance division of the Texas Department of Criminal Justice, after consultation with the Department of State Health Services.

(g) A judge may grant community supervision for a person convicted of an offense under Section 49.04, Penal Code, and may determine that any driver's license issued to the defendant under Chapter 521, Transportation Code, be suspended, unless the suspension does not apply to a person punished under Section 49.09(g), Penal Code, and subject to Section 49.09(g), Penal Code.

(b) If a person is convicted of an offense described in Section 496, 496.1, 496.5, or 496.9 of the Penal Code, and the offense is a second or subsequent offense under Section 496.9 and the vehicle used in the commission of the offense is not the only vehicle available to the defendant for use, the court may, upon conviction, order the forfeiture of the vehicle used in the commission of the offense. The court shall require the defendant to provide evidence to the court that the vehicle is not the only vehicle available to the defendant and that the vehicle was used in connection with the offense described in this section. (Note: The original text contains repeated sentences; duplicates have been removed for clarity.)

(j) The judge shall require a defendant who is punished under Section 49.09, Penal Code, as a condition of community supervision, to attend and successfully complete an educational program for repeat offenders approved by the Texas Commission on Alcohol and Drug Abuse. The commission shall adopt rules and monitor the program, including providing information to program providers. The commission is responsible for certifying approved programs and may charge a reasonable application fee. The judge may waive the educational requirement only if the defendant shows good cause in writing. If waived, the judge shall state the reason in the judgment. If required to attend, the court shall notify the Department of Public Safety (DPS), which shall suspend the defendant’s driver’s license for one year or deny issuance if no license exists. Upon successful completion, the defendant shall notify the court, which shall notify DPS for record inclusion. If DPS does not receive notice of completion within the suspension period, it shall revoke or deny the license as provided by Sections 521.344(e) and (n), Transportation Code.

(k) Notwithstanding Sections 521.344(d)–(q), Transportation Code, if the judge requires or waives attendance of the educational program for repeat offenders under Subsection (j), and the defendant is otherwise eligible, DPS shall issue a license, permit, or privilege upon proof of completion or waiver. The license shall be suspended or denied for:     

(1) not less than 90 days or more than 365 days, if convicted under Sections 49.04–49.08, Penal Code; or     

(2) not less than 180 days or more than two years, if punished under Section 49.09(a) or (b), Penal Code.(m) If a judge revokes community supervision for an offense under Section 49.04 or 49.07, Penal Code, and no prior suspension was ordered or the suspension has expired, the judge shall suspend the license or privilege for a period determined under Subchapter O, Chapter 521, Transportation Code. The suspension shall be reported to DPS as provided under Section 521.341.

(n) Not less than one year or more than two years, if the person is convicted of a second or subsequent offense under Sections 49.04–49.08, Penal Code, committed within five years of the most recent preceding offense.

(o) If DPS receives notice that a defendant has been required or permitted to attend a program under Subsection (h), (i), or (j), but no court order was received and no suspension period was ordered, DPS shall suspend the license, permit, or privilege, or prohibit issuance for 365 days.

(n) Notwithstanding any other provision, a judge who places on community supervision a person under 21 years of age convicted under Sections 49.04–49.08, Penal Code, shall: (1) order a 90-day license suspension beginning on the date of supervision; and 2) require that the defendant not operate a motor vehicle unless it is equipped with the device described by Subsection (j).

(a) On a plea of guilty or nolo contendere by the defendant or a finding of guilt in a misdemeanor case punishable by fine only and on payment of all court costs, the judge may defer proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. An order of deferral under this article terminates any liability under a bail bond or an appearance bond given for the charge.

(b) During the deferral period, the judge may require the defendant to:

    (1) post a bond in the amount of the fine assessed to secure payment of the fine;

    (2) pay restitution to the victim of the offense in an amount not to exceed the fine assessed;

    (3) submit to professional counseling;

    (4) submit to diagnostic testing for alcohol or a controlled substance or drug;

    (5) submit to a psychosocial assessment;

    (6) participate in an alcohol or drug abuse treatment or education program;

    (7) pay the costs of any program listed under Subdivisions (3) through (6), if the defendant is financially able to pay;

    (8) complete a driving safety course approved under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) or other course as directed by the judge;

    (9) present to the court satisfactory evidence that the defendant has complied with each requirement imposed under this article; and

    (10) comply with any other reasonable condition.

(c) At the conclusion of the deferral period, if the defendant presents satisfactory evidence that he has complied with the requirements imposed, the justice shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction. If the defendant does not present satisfactory evidence that he has complied with the requirements imposed, the justice may impose the fine assessed or impose a lesser fine, may impose court costs, or may impose both a fine and court costs. If the complaint is dismissed, a special expense not to exceed the amount of the fine assessed may be imposed.

(d) If the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the justice may impose the fine assessed or impose a lesser fine. The court costs may also be imposed.

(e) Records relating to a complaint dismissed under this article may not be used against the defendant under Article 55.01 of this code. If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose.

(f) This article does not apply to:

    (1) an offense to which Section 542.404 or 729.004(b), Transportation Code, applies; or

    (2) a traffic offense committed by a person who holds a commercial driver's license.

  (1) “Essential need” means a need of a person to operate a motor vehicle:

    (A) for work-related purposes;

    (B) in the course of daily travel to and from an educational facility; or

    (C) in the performance of essential household duties.

  (2) “Ignition interlock device” means a device that uses a deep-lung breath analysis mechanism to detect the presence of alcohol in the breath of the operator of a motor vehicle.

(b) A person may apply for an occupational license by filing a verified petition only with the clerk of the county court or district court in which the person was convicted if:

    (1) the person was convicted of:

      (A) an offense under Section 49.04, 49.07, or 49.08, Penal Code; or

      (B) an offense under the laws of this state; and

    (2) the person has not been convicted in the 10 years preceding the date of the filing of the petition, other than one occupational license as a conviction under the laws of this state.

  (c) A petition filed under Subsection (b) must state that the person was convicted in that court for an offense under the laws of this state.

  (d) A petition filed under Subsection (b) must state that the petitioner was not convicted in the 10 years preceding the date of the filing of the petition.

  (e) The clerk of the court shall file the petition as in any other civil matter.

  (f) A person who receives a copy of a petition filed under Subsection (a) may attend the hearing and present evidence to which Chapter 522 applies.

(a) The clerk of the court shall send a certified copy of the petition to the attorney representing the state and notice of the hearing if the petitioner's license was suspended for:

     (1) an offense under Section 49.04, 49.07, or 49.08, Penal Code; or

     (2) a conviction under Section 521.342.

(b) A person who receives a copy of a petition filed under Subsection (a) may attend the hearing and may present evidence at the hearing relating to whether the person has an essential need.

  (a) The judge who hears the petition shall sign an order finding whether an essential need exists.

  (b) In determining whether an essential need exists, the judge shall consider:

    (1) the petition;

    (2) the person's driving record;

    (3) any evidence presented by the person under Section 521.243(b);

    (4) if the person states that there is an essential need, the judge, as part of the order, shall:

      (A) determine the essential need of the petitioner to operate a motor vehicle; and

      (B) set out the requirements of the person in operating a motor vehicle under Chapter 601.

  (d) Except as provided by Section 521.246(b), the hearing on the petition may be ex parte

(a) If the petitioner's license has been suspended under Chapter 524 or 724, the court shall require the petitioner to attend a program approved by the court that is designed to provide counseling and rehabilitation services to persons for alcohol dependence. This requirement shall be stated in the order granting the occupational license.

(b) A program required under Subsection (a) may not be the program provided by Section 521.344 or by Section 13, Article 42.12, Code of Criminal Procedure.

(c) The court may require the person to report periodically to the court to verify that the person is attending the required program.

(d) On finding that the person is not attending the program as required, the court may revoke the order granting the occupational license. The court shall send a certified copy of the order revoking the license to the department.

(e) On receipt of an order under Subsection (d), the department shall suspend the person's occupational license for:

    (1) 120 days, if the original driver's license suspension was under Chapter 724;

    (2) 60 days, if the original driver's license suspension was under Chapter 524.

(f) A person is not eligible for an occupational license during a period of suspension under Subsection (e).

(g) A person is not eligible for the court to enter the order revoking the occupational license; and

    (2) is not eligible for an occupational license during a period of suspension under Subsection (e).

(a) If a person is restricted to the operation of a motor vehicle equipped with an ignition interlock device, the department shall notify the person that the person’s driver’s license expires on the 30th day after the date of the notice. On payment of a $10 fee, the department shall issue a special restricted license authorizing the person to operate only a motor vehicle equipped with an ignition interlock device.

(b) On receipt of a court order removing the restriction, the department shall issue a new driver’s license to the person without the restriction.

  (a) The department shall adopt rules for the approval of ignition interlock devices used under this subchapter.

  (b) The manufacturer of an approved device shall ensure the proper calibration and maintenance of the device.

  (c) Approval of a device by the department does not constitute an endorsement of the manufacturer or the device and is not admissible as evidence in a civil or criminal proceeding.

  (d) The department is not liable in a civil or criminal proceeding arising from the use of a device approved under this section.

  (a) An ignition interlock device approved under Section 521.247 must be evaluated by a nationally recognized testing laboratory. The evaluation must include testing for:

    (1) ability to prevent operation above a set blood alcohol level;

    (2) ability to detect and record attempts to circumvent the device;

    (3) tamper-proof design;

    (4) reliable operation in various environments;

    (5) ability to record and retain data;

    (6) compliance with state and federal regulations;

    (7) safety and performance standards.

  (b) The department may establish rules for the evaluation and approval of devices.

  A vendor must:

    (1) be authorized by the department to do business in Texas;

    (2) install only devices approved under Section 521.247;

    (3) maintain liability insurance for damages from operation or use;

    (4) provide evidence of tampering or circumvention;

    (5) download and provide data within 48 hours of request;

    (6) inspect devices within 48 hours of court order;

    (7) report violations to the court and supervising officer within 48 hours;

    (8) maintain a record of each action taken with respect to each device installed, including actions taken due to attempts to circumvent the device, for at least five years after installation;

    (9) make records available for inspection or send copies to any court or the department upon request;

    (10) annually provide the department with a written report of each service and device feature offered.

(c) The department may revoke a vendor’s authorization to operate in Texas if the vendor or its personnel violate:

    (1) any applicable state law; or

    (2) any rule adopted by the department under this or any other applicable law.

  (d) Vendors must reimburse the department for the reasonable cost of facility inspections.

  (e) “Offense relating to the operating of a motor vehicle while intoxicated” has the meaning assigned by Section 49.09, Penal Code.

  (a) An order granting an occupational license must specify:

    (1) the hours of the day and days of the week during which the person may operate a motor vehicle;

    (2) the reasons for which the person may operate a motor vehicle; and

    (3) areas or routes of travel permitted.

  (b) The person may not operate a motor vehicle for more than four hours in any 24-hour period, except that on a showing of necessity the court may allow the person to drive for any period determined by the court that does not exceed 12 hours in a 24-hour period.

  (c) An order granting an occupational license remains valid until the end of the period of suspension of the person's regular driver's license.

(a) The clerk shall send a certified copy of the petition and the court order setting out the judge's findings and restrictions to the department. The person may use a copy of the order as a restricted license until the 31st day after the date on which the order takes effect.

(b) On receipt of the copy under this section and after compliance with Chapter 601, the department shall issue an occupational license to the person. The license must refer to its use for the purposes specified in the order.

  A person who is issued an occupational license shall have in the person’s possession a certified copy of the court order granting the license while operating a motor vehicle. The person shall allow a peace officer to examine the order on request.

  (a) If a person’s license is suspended under Chapter 524 or 724 and the person has not had a prior suspension arising from an alcohol-related or drug-related enforcement contact in the five years preceding the date of the person’s arrest, an order under this subchapter granting the person an occupational license takes effect immediately. However, the court shall notify the person of the ability to consult with the counseling and education program required under Section 521.253.

  (b) If the person’s license has been suspended as a result of an alcohol-related or drug-related enforcement contact during the five years preceding the date of the person’s arrest, the order may not take effect before the 91st day after the effective date of the suspension.

  (c) If the person’s driver’s license has been suspended as a result of a conviction under Section 49.04, 49.07, or 49.08, Penal Code, during the five years preceding the date of the person’s arrest, the order may not take effect before the 181st day after the effective date of the suspension.

  (d) Notwithstanding any other provision of this section, if the person’s driver’s license has been suspended as a result of a conviction under Section 49.04, 49.07, or 49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed, an order granting the person an occupational license may not take effect before the first anniversary of the effective date of the suspension.

  (e) For purposes of this section, “alcohol-related or drug-related enforcement contact” has the meaning assigned by Section 524.001.

  The court that signs an order granting an occupational license may issue at any time an order revoking the license for good cause.

The court shall send a certified copy of the order to the department.

  (a) A person who holds an occupational license commits an offense if the person:

    (1) operates a motor vehicle in violation of a restriction imposed under the license; or

    (2) fails to submit to the Department a certified copy of the court order as required under Section 521.250.

  (b) An offense under this section is a Class B misdemeanor.

  (c) On conviction of an offense under this section, the occupational license and the order granting that license are revoked.

 Except as provided by Section 521.344(f)–(i), a license is automatically suspended on final conviction of the license holder of:   

(1) an offense under Section 19.05, Penal Code, committed as a result of the holder's criminally negligent operation of a motor vehicle;   

(2) an offense under Section 38.04, Penal Code;   

(3) an offense under Section 49.04, 49.045, or 49.08, Penal Code;   

(4) an offense under Section 49.07, Penal Code, if the person used a motor vehicle in the commission of the offense;   

(5) an offense punishable as a felony under the motor vehicle laws of this state;   

(6) an offense under Section 521.457; or   

(7) an offense under Section 521.451 or 521.453.the commission of the offense;

(a) Except as provided by Section 521.344, the license of a person who was under 21 years of age at the time of the offense, other than an offense classified as a misdemeanor punishable by fine only, is automatically suspended on conviction of:     

  (1) an offense under Section 49.04, 49.05, or 49.07, Penal Code, committed as a result of the introduction of alcohol into the body;     

  (2) an offense under the Alcoholic Beverage Code, other than an offense to which Section 106.071 of that code applies, involving the manufacture, delivery, possession, transportation, or use of an alcoholic beverage;     

  (3) a misdemeanor offense under Chapter 481, Health and Safety Code, for which Subchapter P does not require the automatic suspension of the license;     

  (4) an offense under Chapter 483, Health and Safety Code, involving the manufacture, delivery, possession, transportation, or use of a dangerous drug; or     

  (5) an offense under Chapter 484, Health and Safety Code, involving the manufacture, delivery, possession, transportation, or use of a volatile chemical.

(b) The department shall suspend for one year the license of a person who is under 21 years of age and is convicted of an offense under Section 49.04, 49.07, 49.08, or 49.09, Penal Code, regardless of whether the person is required to attend an educational program under Section 13(j), Article 42.12, Code of Criminal Procedure, that is designed to rehabilitate persons who have operated motor vehicles while intoxicated, unless the person is not placed on community supervision or the person is not required as a condition of the community supervision to not operate a motor vehicle unless the vehicle is equipped with the device described by Section 13(j) of that article. If the person is required to attend that program and does not complete the program before the end of the person's suspension, the department shall suspend the person's license or continue the suspension, as appropriate, until the department receives proof that the person has successfully completed the program. On the person's successful completion of the program, the person's instructor shall give notice to the department and to the community supervision and corrections department in the manner provided by Section 13(j), Article 42.12, Code of Criminal Procedure.

(c) A person whose license is suspended under Subsection (a) remains eligible to receive an occupational license under Subchapter L. Suspension under Subsection (a) is not a suspension for physical or mental disability or impairment for purposes of eligibility for an occupational license under Subchapter L.

(a) Except as provided by Sections 521.342(g), 521.344(a), (b), (d), (e), (f), (g), and (h), and 521.345, 521.346, and 521.3465, a suspension under this subchapter is for one year.   

(b) If a license is suspended under this subchapter for a subsequent period, the subsequent suspension is for 18 months except as otherwise provided as stated in Subsection (a).   

(c) If the license holder is convicted of operating a motor vehicle while the license to operate a motor vehicle is cancelled, disqualified, suspended, revoked, or denied, the period is extended for the same term as the original suspension or disqualification, in addition to any penalty assessed under this chapter or Chapter 522.

(a) As provided by Sections 521.342(a) and 521.345, and by Subsections (d)–(i), if a person is convicted of an offense under Section 49.04, Penal Code, the license suspension:     

  (1) begins on the date of conviction or a date later than the date of the conviction or later than the date of disposition, as determined by the court; and     

  (2) continues for a period set by the court according to the following schedule:        

  (A) not less than 90 days or more than one year, if the person is punished under Section 49.04, Penal Code, except that if the person's license is suspended for a second or subsequent offense under Section 49.07 committed within five years of the date on which the most recent preceding offense was committed, the suspension continues for a period of one year;

  (B) not less than 180 days or more than two years, if the person is punished under Section 49.09(a) or (b), Penal Code; 

  (C) not less than one year or more than two years, if the person is punished under Section 49.09(a) or (b), Penal Code, and is subject to Section 49.09(g) of that code.

(b) Except as provided by Section 521.342(i), if a person is convicted of an offense under Section 49.08, Penal Code, the license suspension:     

  (1) begins on a date set by the court that is not earlier than the date of the conviction or later than the 30th day after the date of the conviction, as determined by the court; and       

  (2) continues for a period set by the court of not less than 180 days or more than two years, except that if the person's license is suspended for a second or subsequent offense under Section 49.08, Penal Code, committed within 10 years of the date on which the most recent preceding offense was committed, the suspension continues for a period set by the court of not less than one year or more than two years.

(c) The court shall credit toward that period of suspension a suspension imposed on the person for refusal to give a specimen under Chapter 724 if the refusal followed an arrest for the offense for which the court is suspending the person's license under this chapter. The court may not extend the credit to a person:     

  (1) who has been previously convicted of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or     

  (2) whose period of suspension is governed by Section 521.342(i).

(d) Except as provided by Subsection (e) and Section 521.342(d), during a period of probation the department may not revoke the person's license if the person is required under Section 13, Article 42.12, Code of Criminal Procedure, to successfully complete a program, including a rehabilitation program, for which the court ordered the person to attend, unless the person was punished under Section 49.09(c), Penal Code, and was subject to Section 49.09(g) of that code.(e) The department shall revoke the license of a person convicted of an offense under Section 49.04, 49.07, or 49.08, Penal Code:     

  (1) for whom the jury has recommended that the license not be revoked under Section 13(k), Article 42.12, Code of Criminal Procedure; or     

  (2) who is placed under community supervision under that article and is required as a condition of community supervision not to operate a motor vehicle unless the vehicle is equipped with the device described by Section 13(i), Article 42.12, Code of Criminal Procedure, unless the person was punished under Section 49.09(c) or (g), Penal Code, and was subject to Section 49.09(g) of that code.

(e) After the date has passed, according to department records, for successful completion of the educational program designed to rehabilitate persons who operated motor vehicles while intoxicated, the director shall revoke the license of a person who does not successfully complete the program or, if the person is a resident without a license to operate a motor vehicle in this state, shall issue an order prohibiting the person from obtaining a license.

(f) After the date has passed, according to department records, for successful completion of an educational program for repeat offenders as required by Section 13, Article 42.12, Code of Criminal Procedure, the director shall suspend the license of a person who does not successfully complete the program or, if the person is a resident without a license, shall issue an order prohibiting the person from obtaining a license.

(g) A revocation, suspension, or prohibition order under Subsection (e) or (f) remains in effect until the department receives notice of successful completion of the educational program. The director shall promptly send notice of a revocation or prohibition order issued under Subsection (e) or (f) by first class mail to the person at the person's most recent address as shown in the records of the department. The notice must include the date the department issued the revocation or prohibition order, the reason for the revocation or prohibition, and a statement that the person has the right to request in writing that a hearing be held on the revocation or prohibition. Notice is considered received on the fifth day after the date the notice is mailed. A revocation or prohibition order under Subsection (e) or (f) takes effect on the 30th day after the date the notice is mailed. The person may request a hearing not later than the 20th day after the date the notice is mailed. If the department receives a request under this subsection, the department shall set the hearing for the earliest practical time and the revocation or prohibition does not take effect until resolution of the hearing.

(h) The hearing shall be held in a municipal or justice court in the county of the person's residence in the manner provided for a suspension hearing under Subchapter N. The issues to be determined at the hearing are whether the person has successfully completed a required educational program and whether the period for completion of the program has passed. If the presiding officer determines that the educational program has not been completed and the period for completion has passed, the officer shall confirm the revocation or prohibition and shall notify the department of that fact. The director may not revoke or prohibit the license if the officer finds that the program has been completed, that, before the hearing, the court that originally imposed the requirement to attend an educational program has granted an extension that has not expired, or that the period for completion has not passed. If the person or the person's agent fails to appear at the hearing, the department shall revoke the person's license until the department receives notice of successful completion of the educational program.

(i) On the date that a suspension order under Section 231.254(c) is to expire, the period of suspension or the corresponding period in which the department is prohibited from issuing a license is automatically increased to two years unless the department receives notice of successful completion of the educational program as required by Section 13, Article 42.12, Code of Criminal Procedure. At the time a person is convicted of an offense under Section 49.04 or 49.045, Penal Code, the court shall warn the person of the effect of this subsection. On the person's successful completion of the program, the person's instructor shall give notice to the department and to the community supervision and corrections department in the manner required by Section 13, Article 42.12, Code of Criminal Procedure. If the department receives proof of completion after a period has been entered under this subsection, the department shall immediately end the suspension or prohibition.

(a) The department shall suspend the license of a person on receipt of an order to suspend the license that is issued by:     

  (1) a juvenile court under Section 54.042, Family Code; or     

  (2) a court under Section 106.115, Alcoholic Beverage Code.   (b) The period of suspension is for the period specified in the order.

(a) If an individual is convicted of an offense under Section 521.451 or 521.453, the period of suspension shall be for the period set by the court of not less than 90 days or more than one year.   

(b) If the court does not set the period, the department shall suspend the license for one year.

(a) Except as provided by Section 521.452, a person may not:     

     (1) display, cause or permit to be displayed, or have in the person's possession a driver's license or certificate that the person knows is fictitious or has been altered;     

     (2) lend the person's driver's license or certificate to another person or knowingly permit another person to use the person's driver's license or certificate;     

     (3) display or represent as the person's own a driver's license or certificate not issued to the person;     

     (4) possess more than one currently valid driver's license or more than one currently valid certificate; or     

    (5) in an application for an original, renewal, or duplicate driver's license or certificate:       

        (A) provide a false name, false address, or a counterfeit document; or       

        (B) knowingly make a false statement, conceal a material fact, or otherwise commit fraud.   

(b) An offense under this section is a Class B misdemeanor.

(a) After written approval by the director, the department may issue to a law enforcement officer an alias driver's license to be used in supervised activities involving a criminal investigation.   

(b) An application for, or possession or use of, an alias driver's license for a purpose described by this section by the officer to whom the license is issued is not a violation of this subchapter unless the department has canceled, suspended, or revoked the license.

(a) Except as provided by Subsection (f), a person under the age of 21 years commits an offense if the person possesses, with the intent to represent that the person is 21 years of age or older, a document that is designed to simulate a driver's license or a personal identification certificate unless the document displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally printed clearly and indelibly on both the front and back of the document in solid red capital letters at least one-fourth inch in height.

(b) For purposes of this section, a document is deceptively similar to a driver's license or personal identification certificate if a reasonable person would assume that it was issued by the department, another agency of this state, or another state.

(c) A peace officer listed in Article 2.12, Code of Criminal Procedure, may confiscate a document that:   

     (1) is deceptively similar to a driver's license or personal identification certificate; and   

     (2) does not display the statement required under Subsection (a).

(d) For purposes of this section, possession of a document under Subsection (a) is a Class C misdemeanor.

(e) The attorney general, district attorney, or prosecuting attorney performing the duties of the district attorney may bring an action to enjoin a violation or threatened violation of this section. The action must be brought in a court in the county in which the violation or threatened violation occurs.

(f) Subsection (a) does not apply to:   

     (1) a government agency, officer, or political subdivision that is authorized to produce or sell a document described by Subsection (a); or   

     (2) a person that provides a document similar to a personal identification certificate to an employee of the person for a business purpose.

(g) In this section:

     (1) "Driver's license" includes a driver's license issued by another state or by the United States. 

     (2) "Personal identification certificate" means a personal identification certificate issued by the department, by another agency of this state, by another state, or by the United States.

(e) In addition to the punishment provided by Subsection (d), a court, if the court is located in a municipality or county that has established a community service program, may order a person younger than 21 years of age who commits an offense under this section to perform eight hours of community service unless the person is shown to have previously committed an offense under this section, in which case the court may order the person to perform 12 hours of community service.

(f) If the person ordered to perform community service under Subsection (e) is younger than 17 years of age, the community service shall be performed as if ordered by a juvenile court under Section 54.044(a), Family Code, as a condition of probation under Section 54.04(d), Family Code.

(a) A person commits an offense if the person knowingly swears to or affirms falsely before a person authorized to take statements under oath any matter, information, or statement required by the department in an application for an original, renewal, or duplicate driver's license or certificate issued under this chapter.

(b) An information or indictment for a violation of Subsection (a) that alleges that the declarant has made inconsistent statements under oath, both of which cannot be true, need not allege which statement is false and the prosecution is not required to prove which statement is false.

(c) An offense under this section is a Class A misdemeanor.

(d) If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

(a) A person commits an offense if the person intentionally or knowingly uses a driver's license or certificate obtained in violation of Section 521.451 or 521.454 to harm or defraud another.

(b) An offense under this section is a Class A misdemeanor.

(a) A person commits an offense if the person possesses with the intent to sell, distribute, or deliver a forged or counterfeit instrument that is not printed, manufactured, or made by or under the direction of or issued, sold, or circulated by or under the direction of a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a Class A misdemeanor.

(b) A person commits an offense if the person manufactures or produces with the intent to sell, distribute, or deliver a forged or counterfeit instrument that the person knows is not printed, manufactured, or made by or under the direction of or issued, sold, or circulated by or under the direction of a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a felony of the third degree.

(c) A person commits an offense if the person possesses with the intent to use, circulate, or pass a forged or counterfeit instrument that is not printed, manufactured, or made by or under the direction of or issued, sold, or circulated by or under the direction of a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a Class C misdemeanor.

(d) For purposes of this section, "instrument" means a driver's license, driver's license form, personal identification certificate, personal identification certificate form, license evidencing a fee payment, or any other instrument.

(e) If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

(a) A person commits an offense if the person operates a motor vehicle on a highway:   

     (1) after the person's driver's license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;    

     (2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state;   

     (3) while the person's driver's license is expired if the expiration is during a period of suspension imposed under this chapter; or 

     (4) after renewal of the person's driver's license has been denied under Chapter 706, if the person does not have a driver's license subsequently issued under this chapter.

(b) A person commits an offense if the person is the subject of an order issued under this chapter or Chapter 724 that prohibits the person from obtaining a driver's license and the person operates a motor vehicle on a highway.

(c) It is not a defense to prosecution under this section that the person did not receive actual notice of a suspension imposed as a result of a conviction for an offense under Section 521.341.

(d) Except as provided by Subsection (c), it is an affirmative defense to prosecution of an offense, other than an offense under Section 521.341, that the person did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person's license. For purposes of this section, actual notice is presumed if the notice was mailed in accordance with law.

(a) Before employing a person as the operator of a motor vehicle used to transport persons or property, an employer shall request from the department:   

     (1) a list of convictions for traffic violations contained in the department records of the potential employee; and   

     (2) a copy of the driving record of the potential employee.

(b) An employer may not employ a person as the operator of a motor vehicle used to transport persons or property unless the person has a driver's license to operate the vehicle as provided by this chapter.

(a) A person may not rent a motor vehicle to any other person unless the other person holds a driver's license under this chapter or, if a nonresident, holds a license issued under the laws of the state or Canadian province in which the person resides, unless that state or province does not require the operator of a motor vehicle to hold a license.

(b) A person may not rent a motor vehicle to another person until inspecting the driver's license of the renter and comparing and verifying the signature on the renter's driver's license with the renter's signature written in the person's presence.

(c) Each person who rents a motor vehicle shall maintain a record of:   

     (1) the number of the license plate issued for the motor vehicle;   

     (2) the name and address of the person to whom the vehicle is rented;   

     (3) the license number of the person to whom the vehicle is rented;   

     (4) the date the license was issued; and  

     (5) the place where the license was issued.

(d) The record maintained under Subsection (c) may be inspected by any police officer or officer or employee of the department.

(a) A person who violates a provision of this chapter for which a specific penalty is not provided commits an offense.

(b) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.

(1) "Adult" means an individual 21 years of age or older. 

(2) "Alcohol concentration" has the meaning assigned by Section 49.01, Penal Code. 

(3) "Alcohol-related or drug-related enforcement contact" means a law enforcement stop, investigation, disqualification, or prohibition under the laws of this state or another state resulting from:   

     (A) a conviction of an offense prohibiting the operation of a motor vehicle or watercraft while:     

        (i) intoxicated;     

        (ii) under the influence of alcohol; or 

        (iii) under the influence of a controlled substance;   

     (B) a refusal to submit to the taking of a breath or blood specimen requested by an arrest for an offense prohibiting the operation of a motor vehicle or an offense prohibiting the operation of a watercraft, if the offense was committed while the person was operating the vehicle or watercraft in a public place while:     

        (i) intoxicated;     

        (ii) under the influence of alcohol; or   

        (iii) under the influence of a controlled substance.

     (C) an analysis of a breath or blood specimen showing an alcohol concentration of a level specified by Section 49.01, Penal Code, following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated.

(4) "Arrest" includes the taking into custody of a child, as defined by Section 51.02, Family Code. 

(5) "Conviction" includes an adjudication under Title 3, Family Code. 

(6) "Criminal charge" includes a charge that may result in a proceeding under Title 3, Family Code. 

(7) "Criminal prosecution" includes a proceeding under Title 3, Family Code. 

(8) "Department" means the Department of Public Safety. 

(9) "Director" means the public safety director of the department. 

(10) "Driver's license" has the meaning assigned by Section 521.001. The term includes a commercial driver's license or a commercial driver learner's permit issued under Chapter 522. 

(11) "Minor" means an individual under 21 years of age. 

(12) "Public place" has the meaning assigned by Section 1.07(a), Penal Code.

(a) The department and the State Office of Administrative Hearings shall adopt rules to administer this chapter. 

(b) The State Office of Administrative Hearings applies to a proceeding under this chapter to the extent consistent with this chapter. 

(c) The State Office of Administrative Hearings may adopt a rule that conflicts with Chapter 2001, Government Code, if a conflict is necessary to expedite the hearings process within the time required by this chapter and applicable federal funding guidelines.

(a) An officer arresting a person shall comply with Subsection (b) if:   

     (1) the person is arrested for an offense under Section 49.04, 49.045, or 49.06, Penal Code, or an offense under Section 49.07 or 49.08 that involves the operation of a motor vehicle or watercraft, submits to the taking of a specimen of breath or blood and that analysis of the specimen shows the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code; or   

     (2) the person is a minor arrested for an offense under Section 106.041, Alcoholic Beverage Code, or an offense under Section 49.04, 49.045, or 49.06, or an offense under Section 49.07 or 49.08, Penal Code, involving the operation of a motor vehicle, and:     

        (A) the minor is not requested to submit to the taking of a specimen; or     

        (B) the minor submits to the taking of a specimen and an analysis of the specimen shows that the minor had an alcohol concentration of more than .00 but less than the level specified by Section 49.01(2)(B), Penal Code.

(b) A peace officer shall:   

(1) serve notice that a specimen is taken and the analysis of the specimen is forwarded to the arresting officer before the person is admitted to bail, released from custody, or is provided by Title 3, Family Code, or committed to jail, attempt to serve notice of driver's license suspension by delivering the notice to the arrested person;   

(2) take possession of any driver's license issued by this state and held by the person arrested;   

(3) issue a temporary driving permit to the person unless department records show that the person is not eligible to receive a permit or does not hold a driver's license to operate a motor vehicle in this state; and   

(4) send to the department not later than the fifth business day after the date of the arrest:     

     (A) a copy of the driver's license suspension notice;     

     (B) any driver's license taken by the officer under this subsection;     

     (C) a copy of any temporary driving permit issued under this subsection; and     

     (D) a sworn report of information relevant to the arrest.

(c) The report required under Subsection (b)(4)(D) must:   

     (1) identify the person;   

     (2) state the arresting officer's grounds to believe the person committed the offense

     (3) give the date and time of the offense; 

     (4) include a copy of the criminal complaint filed in the case, if any.

(d) A peace officer shall make the report on a form approved by the department and in the manner specified by the department. 

(e) The department shall develop forms for the notice of driver's license suspension and temporary driving permits to be used by all state and local law enforcement agencies.

(f) A temporary driving permit issued under this section expires on the 41st day after the date of issuance. If the person was driving a commercial motor vehicle, as defined by Section 522.003, a temporary driving permit that authorizes the person to drive a commercial motor vehicle is not effective until 24 hours after the time of arrest.

(a) On receipt of a report under Section 524.011, if the officer did not serve a notice of suspension of driver's license at the time the results of the analysis of a breath or blood specimen were obtained, the department shall determine from the information in the report whether to suspend the person's driver's license.

(b) The department shall suspend the person's driver's license if the department determines that:   (1) the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or   (2) the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place or while operating a watercraft.

(c) The department may not suspend a person's driver's license if:   (1) the person is an adult and the analysis of the person's breath or blood specimen determined that the person had an alcohol concentration at a level below that specified by Section 49.01(2)(B), Penal Code, at the time the specimen was taken; or   (2) the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place or while operating a watercraft.

(d) A determination under this section is final unless a hearing is requested under Section 524.031.

(e) A determination under this section:   

(1) is a civil matter;   

(2) is independent of and is not an estoppel to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension; and   

(3) does not preclude litigation of the same or similar facts in a criminal prosecution.

(a) If the department suspends a person's driver's license, the department shall send a notice of suspension by first class mail to the person's address:   

(1) in the records of the department; or   

(2) in the peace officer's report if it is different from the address in the department's records.

(b) Notice is considered received on the fifth day after the date the notice is mailed.

(c) If the department determines not to suspend a person's driver's license, the department shall notify the person of that determination and shall rescind any notice of driver's license suspension served on the person.

A notice of suspension under Section 524.013 must state:   

(1) the reason and statutory grounds for the suspension;   

(2) the effective date of the suspension;   

(3) the right of the person to a hearing;  

(4) how to request a hearing; and   

(5) the period in which the person must request a hearing.

(a) Except as provided by Subsection (b), the disposition of a criminal charge does not affect a driver's license suspension under this chapter and does not bar any matter in issue in a driver's license suspension proceeding under this chapter.

(b) A suspension may not be imposed under this chapter on a person who is acquitted of a criminal charge under Section 49.04, 49.045, 49.06, 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. If a suspension was imposed before the acquittal, the department shall rescind the suspension and shall remove any reference to the suspension from the person's computerized driving record.

(a) A driver's license suspension under this chapter takes effect on the 40th day after the date the person:   

(1) receives a notice of suspension under Section 524.011; or   

(2) is presumed to have received notice of suspension under Section 524.013.

(b) A suspension under this chapter may not be probated.

(a) A period of suspension under this chapter for an adult is:   

    (1) 90 days if the person's driving record shows no alcohol-related or drug-related enforcement contact during the 10 years preceding the date of the person's arrest; or 

    (2) one year if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts during the 10 years preceding the date of the person's arrest.

(b) A period of suspension under this chapter for a minor is:   

     (1) 60 days if the minor has not been previously convicted of an offense under Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense under Section 49.07 or 49.08, Penal Code, involving the operation of a motor vehicle or a watercraft;   

     (2) 120 days if the minor has been previously convicted once of an offense listed by Subdivision (1); or   

     (3) 180 days if the minor has been previously convicted twice or more of an offense listed by Subdivision (1).

(c) For the purposes of determining whether a minor has been previously convicted of an offense described by Subsection (b)(1): (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by Subsection (b)

     (1) is considered a conviction under that provision; and   

     (2) an order of deferred adjudication for an offense alleged under a provision described by Subsection (b)(1) is considered a conviction of an offense under that provision.

(d) A minor whose driver's license is suspended under this chapter is not eligible for an occupational license under Subchapter L, Chapter 521, for:   

    (1) the first 30 days of a suspension under Subsection (b)(1);   

     (2) the first 90 days of a suspension under Subsection (b)(2); or   

     (3) the entire period of a suspension under Subsection (b)(3).

(a) If a person is convicted of an offense under Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and the court on which that conviction is based is a ground for a driver's license suspension under this chapter and Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter 521, or Subchapter P, Chapter 522, each of the suspensions shall be imposed.

(b) The court imposing a driver's license suspension under Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as required by Subsection (a) shall credit a period of suspension imposed under this chapter toward the period of suspension required under Section 106.041, Alcoholic Beverage Code, or Subchapter O, Chapter 521, or Subchapter P, Chapter 522, unless the person was convicted of an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994, Section 106.041, Alcoholic Beverage Code, as that law existed before September 1, 1994, Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, before the date on which any such suspension was to be imposed, in which event credit may not be given.

If, not later than the 15th day after the date on which the person receives notice of suspension under Section 524.011 or is presumed to have received notice under Section 524.013, the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, a hearing shall be held as provided by this subchapter.

(a) A hearing requested under this subchapter shall be held not earlier than the 11th day after the date on which the person requesting the hearing is notified of the hearing unless the parties agree to waive this requirement. The hearing shall be held before the effective date of the suspension.

(b) A hearing shall be rescheduled if, before the fifth day before the date scheduled for the hearing, the department receives a request for a continuance from the person who requested the hearing. Unless both parties agree otherwise, the hearing shall be rescheduled for a date not earlier than the fifth day after the date the department receives the request for the continuance.

(c) A person who requests a hearing under this chapter may obtain only one continuance under this section unless the person shows that a medical condition prevents the person from attending the rescheduled hearing, in which event one additional continuance may be granted for a period not to exceed 10 days.

(d) A request for a hearing stays suspension of a person's driver's license until the date of the final decision of the administrative law judge. If the person's driver's license was taken by a peace officer under Section 524.011(d), the department shall notify the person of the effect of the request on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's driver's license is not suspended.

(a) A hearing under this subchapter shall be heard by an administrative law judge employed by the State Office of Administrative Hearings.

(b) The State Office of Administrative Hearings shall provide for the stenographic or electronic recording of the hearing.

A hearing under this subchapter shall be held:   

(1) at a location designated by the State Office of Administrative Hearings.

     (A) in the county of arrest if the arrest occurred in a county with a population of 300,000 or more; or     

     (B) in the county in which the person is alleged to have committed the offense for which the person was arrested or not more than 75 miles from the county seat of the county in which the person was arrested; or

(2) with the consent of the person and the department, by telephone conference call.

(a) The issues that must be proved at a hearing by a preponderance of the evidence are:   

     (1) whether:     

        (A) the person had an alcohol concentration of a level specified by Section 49.01(2) Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; 

         or     

        (B) the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor's system while operating a motor          vehicle in a public place or while operating a watercraft; and   

     (2) whether reasonable suspicion to stop or probable cause to arrest the person existed.

(b) If the administrative law judge finds in the affirmative on each issue in Subsection (a), the suspension is sustained.

(c) If the administrative law judge does not find in the affirmative on each issue in Subsection (a), the department shall:   

     (1) return the person's driver's license to the person, if the license was taken by a peace officer under Section 524.011(b);        (2) reinstate the person's driver's license; and   

     (3) rescind an order prohibiting the issuance of a driver's license to the person.

(d) An administrative law judge may not find in the affirmative on the issue in Subsection (a)(1) if:   (1) the person is an adult and the analysis of the person's breath or blood determined that the person had an alcohol concentration of a level below that specified by Section 49.01, Penal Code, at the time the specimen was taken; or   (2) the person was a minor on the date that the breath or blood specimen was obtained and the administrative law judge does not find that the minor had any detectable amount of alcohol in the minor's system when the minor was arrested.

(e) The decision of the administrative law judge is final when issued and signed.

A person who requests a hearing and fails to appear without just cause waives the right to a hearing and the department's determination is final.

(a) A continuance under Section 524.032 stays the suspension of a driver's license until the date of the final decision of the administrative law judge.

(b) A suspension order may not go into effect pending a final decision of the administrative law judge as a result of a continuance granted under Section 524.032.

(c) If the person's driver's license was taken by a peace officer under Section 524.011(b), the department shall notify the person of the effect of the continuance on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's driver's license is not suspended.

(a) The reliability of an instrument used to take or analyze a specimen of a person's breath to determine alcohol concentration and the validity of the results of the analysis may be attested to in a proceeding under this subchapter by affidavit from the certified breath test technical supervisor responsible for maintaining and directing the operation of breath test instruments in compliance with department rule.

(b) An affidavit submitted under Subsection (a) must contain statements on:   (1) the reliability of the instrument and the analytical results; and   (2) compliance with state law in the administration of the program.

(c) An affidavit of an expert witness contesting the reliability of the instrument or the results is admissible.

(d) An affidavit from a person whose presence is timely requested under this section is inadmissible if the person fails to appear at a hearing without a showing of good cause. Otherwise, an affidavit under this section may be submitted in lieu of an appearance at the hearing by the breath test operator, breath test technical supervisor, or expert witness.

(a) Not later than the fifth day before the date of a scheduled hearing, the person who requested a hearing may apply to the State Office of Administrative Hearings to issue a subpoena for the attendance of the breath test operator who took the specimen of the person's breath to determine alcohol concentration or the certified breath test technical supervisor responsible for maintaining and directing the operation of the breath test instrument used to analyze the specimen of the person's breath, or both. The State Office of Administrative Hearings shall issue the subpoena only on a showing of good cause.

(b) The department may reschedule a hearing once not less than 48 hours before the hearing if a person subpoenaed under Subsection (a) is unavailable. The department may also reschedule the hearing on showing good cause that a person subpoenaed under Subsection (a) is not available at the time of the hearing.

(a) Notice required to be provided by the department under this subchapter may be given by telephone or other electronic means. If notice is given by telephone or other electronic means, written notice must also be provided.

(b) Notice by mail is considered received on the fifth day after the date the notice is deposited with the United States Postal Service.

(a) A person whose driver's license suspension is sustained may appeal the decision by filing a petition not later than the 30th day after the date the administrative law judge's decision is final. The administrative law judge's final decision is immediately appealable without the requirement of a motion for rehearing.

(b) A petition under Subsection (a) must be filed in a county court at law in the county in which the person was arrested or, if there is not a county court at law in the county, in the county court. If the county judge is not a licensed attorney, the county judge shall transfer the case to a district court for the county on the motion of either party to the appeal.

(c) A person who files an appeal under this section shall send a copy of the petition by certified mail to the department and to the State Office of Administrative Hearings at each agency's headquarters in Austin. The copy must be certified by the clerk of the court in which the petition is filed.

(d) The department's right to appeal is limited to issues of law.

(e) A district or county attorney may represent the department in an appeal.

(a) A suspension of a driver's license under this chapter is stayed on the filing of an appeal petition only if:   

   (1) the person's driver's license has not been suspended as a result of an alcohol-related or drug-related enforcement contact during the five years preceding the date of the person's arrest; and   

   (2) the person has not been convicted during the 10 years preceding the date of the person's arrest of an offense under: 

     (A) Section 49.04, Penal Code, as that law existed before September 1, 1994;    

     (B) Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994

     (C) Section 19.05(a)(2), Penal Code, as that law existed before September 1, 1994

     (D) Section 49.07, 49.08, 49.09, or 49.06, Penal Code; 

     (E) Section 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle or a watercraft; or 

     (F) Section 106.041, Alcoholic Beverage Code.

(b) A stay under this section is effective for not more than 90 days after the date the appeal petition is filed. On the expiration of the stay, the department shall impose the suspension. The department or court may not grant an extension of the stay or an additional stay.

(a) Review on appeal is on the record certified by the State Office of Administrative Hearings with no additional testimony.

(b) On appeal, a party may apply to the court to present additional evidence. If the court is satisfied that the additional evidence is material and that there were good reasons for the failure to present it in the proceeding before the administrative law judge, the court may order that the additional evidence be taken before an administrative law judge on conditions determined by the court.

(c) There is no right to a jury trial in an appeal under this section.

(d) An administrative law judge may make a finding or decision as to whether the person had an alcohol concentration of a level specified in Section 49.01, Penal Code, or whether a minor had any detectable amount of alcohol in the minor’s system because of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the reviewing court.

(e) A remand under this section does not stay the suspension of a driver’s license.

(a) To obtain a transcript of an administrative hearing, the party who appeals the administrative law judge's decision must apply to the State Office of Administrative Hearings.

(b) On payment of a fee not to exceed the actual cost of preparing the transcript, the State Office of Administrative Hearings shall promptly furnish both parties with a transcript of the administrative hearing.

(a) A driver's license suspended under this chapter may not be reinstated or another driver's license issued to the person until the person pays the department a fee of $125 in addition to any other fee required by law.

(b) The payment of a reinstatement fee is not required if a suspension under this chapter is:   

(1) rescinded by the department; or   

(2) not sustained by an administrative law judge, or a court.

(c) Each fee collected under this section shall be deposited to the credit of the Texas mobility fund.

(a) A motor vehicle is subject to forfeiture if the vehicle is owned and operated at the time of an offense under Section 49.04, Penal Code, or an offense under Section 49.07 or 49.08 of that code involving the operation of a motor vehicle, by a person who:   

     (1) at the time of arrest was under community supervision for an offense under:     

        (A) Section 49.08, Penal Code; or

        (B) Section 49.09(a)(2), Penal Code, as that law existed before September 1, 1994; or 

     (2) has previously been finally convicted three or more times of:     

        (A) an offense under Section 49.04, Penal Code;     

        (B) an offense under Section 49.07, Penal Code, that involves operation of a motor vehicle;     

        (C) an offense under Section 49.08, Penal Code;     

        (D) an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994;     

        (E) an offense under Article 6701l-2, Revised Statutes, as that law existed before January 1, 1994;     

        (F) an offense under Section 49.09(a)(2), Penal Code, as that law existed before September 1, 1994; or     

        (G) any combination of offenses described in Paragraphs (A)–(F).

(b) The officer who arrests a person described by Subsection (a) shall immediately notify the district or county attorney of that fact.

(c) A vehicle forfeited under this chapter is forfeited to the county in which the offense occurred.

(a) The district or county attorney may file a petition within 20 days of the arrest requesting a temporary restraining order prohibiting the sale, transfer, or other disposition of the motor vehicle involved in the offense described by Section 704.001(a).

(b) The court shall hold a hearing within 20 days of the date the petition is filed to determine whether the vehicle is subject to forfeiture. The court may consider evidence from a related civil case or from any person with a property interest in the vehicle.

(c) If the person arrested files a denial stating the vehicle is not subject to forfeiture, the court shall determine whether the vehicle is subject to forfeiture.

(d) If the court determines the vehicle is subject to forfeiture, it may issue a restraining order to prevent the sale or disposal of the vehicle until the prosecution is resolved. If the person is acquitted or the charges are dismissed, the court shall terminate the injunction.

(a) If a person described by Section 704.001(a) is convicted at the trial for the offense for which the person is arrested, the court sentencing the person may forfeit the vehicle:   

(1) on the motion of the district or county attorney;   

(2) after notice and hearing; and   

(3) on a showing that a court has determined that the vehicle is subject to forfeiture.

(b) If proof at sentencing discloses that a person, including a lienholder or secured party, holds a security interest in the vehicle that is greater than or equal to the present value of the vehicle, the court shall order the vehicle released to the person holding the security interest. If that interest is less than the present value of the vehicle, the court may forfeit the vehicle.

(a) A vehicle that has been forfeited under this chapter shall be sold at a public auction under the direction of the sheriff after notice of public auction as provided by law for other sheriff's sales.

(b) The proceeds of the sale shall be delivered to the county clerk and shall be paid to any party holding a security interest in the vehicle, including a lienholder or secured party, to the extent of the interest. The balance, if any, shall be deposited in the county treasury.

(c) The Texas Department of Transportation shall issue a certificate of title to a person who purchases a vehicle under this section and who complies with Chapter 501.

(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) Except as provided by Subsection (c), in addition to the fine prescribed for the specific offense, a person who has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated shall pay a fine of:   

     (1) $3,000 for the first conviction within a 36-month period;   

     (2) $4,500 for a second or subsequent conviction within a 36-month period;   

     (3) $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed.

(c) If the court having jurisdiction over an offense that is the basis for a fine imposed under this section makes a finding that the person is indigent, the court shall waive all fines and costs imposed on the person under this section.

In this chapter:   

(1) "Alcohol concentration" has the meaning assigned by Section 49.01, Penal Code.   

(2) "Arrest" includes the taking into custody of a child, as defined by Section 51.02, Family Code.   

(3) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.   

(4) "Criminal charge" includes a charge that may result in a proceeding under Chapter 53, Family Code.   

(5) "Criminal proceeding" includes a proceeding under Title 3, Family Code.   

(6) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code.   

(7) "Department" means the Department of Public Safety.   

(8) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code.  

(9) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.   

(10) "License" has the meaning assigned by Section 521.001.   

(11) "Operate" means to drive or be in actual control of a motor vehicle or watercraft.   

(12) "Offense" has the meaning assigned by Section 1.07, Penal Code.

The provisions of this chapter that apply to suspension of a license for refusal to submit to the taking of a specimen (Sections 724.013, 724.015, and 724.048 and Subchapters C and D) apply only to a person arrested for an offense involving the operation of a motor vehicle or watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above.

The department and the State Office of Administrative Hearings shall adopt rules to administer this chapter.

(a) If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code, the person is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance.

(b) A person arrested for an offense described by Subsection (a) may consent to submit to the taking of any other type of specimen to determine the person's alcohol concentration.

(a) One or more specimens of a person's breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person:

  (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or

  (2) was in violation of Section 106.041, Alcoholic Beverage Code.

(b) A peace officer shall require the taking of a specimen of the person's breath or blood under any of the following circumstances if the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft and the person refuses the officer's request to submit to the taking of a specimen voluntarily:

  (1) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense and at the time of the arrest the officer reasonably believes that a person has died or will die as a direct result of the accident;

    (A) any individual has died or will die;

    (B) an individual other than the person has suffered serious bodily injury; or

    (C) an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment;

(2) the offense for which the officer arrests the person is an offense under Section 49.04, Penal Code; or  

(3) at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person:  

  (A) has been previously convicted of or placed on community supervision for an offense under Section 49.04, 49.07, or 49.08, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections; or  

  (B) on two or more occasions, has been previously convicted of or placed on community supervision 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  

(c) In this section, "bodily injury" and "serious bodily injury" have the meanings assigned by Section 1.07, Penal Code.

Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.

(a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011.

(b) If the person is dead, a specimen may be taken by:

  (1) the county medical examiner or the examiner's designated agent; or

  (2) a licensed mortician or a person authorized under Section 724.016 or 724.017 if there is not a county medical examiner for the county.

(c) If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under Section 724.016 or 724.017.

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that:

  (1) if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent prosecution;

  (2) if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than 180 days;

  (3) if the person refuses to submit to the taking of the specimen, the officer may apply for a warrant authorizing a specimen to be taken from the person;

  (4) if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically suspended for not less than 90 days, whether or not the person is subsequently prosecuted as a result of the arrest;

  (5) if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days even if the person submits to the taking of the specimen, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter.

  (6) If the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department will offer to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of the arrest, under the same conditions and for the same periods that would have applied to a revocation of the person's driver's license if the person had held a driver's license issued by this state; and

  (7) The person has a right to a hearing on the suspension or denial if, not later than the 15th day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail as provided by law, the department receives, at its headquarters in Austin, a written demand, including a facsimile transmission, or a request in another form prescribed by the department for the hearing.

(a) A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the department by an individual possessing a certificate issued by the department certifying that the individual is qualified to perform the analysis.

(b) The department may:

  (1) adopt rules approving satisfactory analytical methods; and

  (2) ascertain the qualifications of an individual to perform the analysis.

(c) The department may revoke a certificate for cause.

(a) Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer under this chapter. The blood specimen must be taken in a sanitary place.

(b) If the blood specimen was taken according to recognized medical procedures, the person who takes the blood specimen under this chapter, the facility that employs the person who takes the blood specimen, or the hospital where the blood specimen is taken is immune from civil liability for damages arising from the taking of the blood specimen at the request or order of a peace officer or pursuant to a search warrant as provided by this chapter and is not subject to discipline by any licensing or accrediting agency or body. This subsection does not provide a person from liability for negligence in the taking of the specimen. The taking of a specimen from a person who objects to the taking of the specimen or who is resisting the taking of the specimen does not in itself constitute negligence and may not be considered evidence of negligence.

(c) In this section, "qualified technician" does not include emergency medical services personnel.

(d) A person whose blood specimen is taken under this chapter in a hospital is not considered to be present in the hospital for medical screening or treatment unless the appropriate hospital personnel determine that medical screening or treatment is required for proper medical care of the person.

On the request of a person who has given a specimen at the request of a peace officer, full information concerning the analysis of the specimen shall be made available to the person or the person's attorney.

(a) A person who submits to the taking of a specimen of breath, blood, urine, or another bodily substance at the request or order of a peace officer may, on request and within a reasonable time not to exceed two hours after the arrest, have a physician, qualified technician, chemist, or registered professional nurse selected by the person take for analysis an additional specimen of the person's blood.

(b) If the blood specimen was taken according to recognized medical procedures, the person who takes the blood specimen under this chapter, the facility that employs the person who takes the blood specimen, or the hospital where the blood specimen is taken is immune from civil liability for damages arising from the taking of the blood specimen at the request or order of the peace officer or from a request by a person as provided by this chapter and is not subject to discipline by any licensing or accrediting agency or body. This subsection does not relieve a person from liability for negligence in the taking of a blood specimen. The taking of a specimen from a person who is unconscious or otherwise incapable of refusal or who is resisting the taking of the specimen is not by itself constituting negligence and may not be considered evidence of negligence.

(c) A peace officer, emergency medical services personnel, or hospital or medical facility that requests that a blood specimen be taken under this section is not liable for damages arising from the taking of the specimen.

(d) A person who takes a blood specimen under this chapter in a hospital is not considered to be engaging in the practice of medicine if the person acts under the appropriate hospital personnel determine that medical screening or treatment is required for proper medical care of the person.

(e) A peace officer, another person acting for or on behalf of the state, or a law enforcement agency is not liable for damages arising from a person's request to have a blood specimen taken.

If a person refuses to submit to the taking of a specimen, the peace officer shall request the person to sign a statement that:

  (1) the officer requested that the person submit to the taking of a specimen;

  (2) the person was informed of the consequences of not submitting to the taking of a specimen.

  (3) the person refused to submit to the taking of a specimen.

(a) If a person refuses to submit to the taking of a specimen, whether expressly or because of an intentional failure of the person to give the specimen, the peace officer shall:

  (1) serve notice of license suspension or denial on the person;

  (2) take possession of any license issued by this state and held by the person;

  (3) issue a temporary driving permit to the person unless department records show or the officer otherwise determines that the person does not hold a license to operate a motor vehicle in this state; and

  (4) make a written report of the refusal to the director of the department.

(b) The director must approve the form of the refusal report. The report must:

  (1) show the grounds for the officer's belief that the person had been operating a motor vehicle or watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; and

  (2) contain a copy of:

    (A) the refusal statement requested under Section 724.031; or

    (B) a statement signed by the officer that:

      (i) states that the person refused to submit to the taking of the requested specimen; and

      (ii) the requested statement under Section 724.031.

(c) The officer shall forward to the department not later than the fifth business day after the date of the arrest:

  (1) a copy of the notice of suspension or denial;

  (2) any license taken by the officer under Subsection (a);

  (3) a copy of any temporary driving permit issued under Subsection (a); and

  (4) a copy of the refusal report.

(d) The department shall develop forms for notices of suspension or denial and temporary driving permits to be used by all state and local law enforcement agencies.

(e) A temporary driving permit issued under this section expires on the 41st day after the date of issuance. If the person was driving a commercial motor vehicle, as defined by Section 522.003, a temporary driving permit that authorizes the person to drive a commercial motor vehicle is not effective until 24 hours after the time of arrest.

(a) On receipt of a report of a peace officer under Section 724.032, if the officer did not serve notice of suspension or denial of a license at the time of refusal to submit to the taking of a specimen, the department shall mail notice of suspension or denial, by first class mail, to the address of the person shown by the records of the department or to the address given in the peace officer's report, if different.

(b) Notice is considered received on the fifth day after the date it is mailed.

(a) If a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall:

  (1) suspend the person's license to operate a motor vehicle on a public highway for 180 days; or

  (2) if the person is a resident without a license, issue an order denying the issuance of a license for 180 days.

(b) The period of suspension or denial is two years if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001(3), during the 10 years preceding the date of the person's arrest.

(c) A suspension or denial takes effect on the 40th day after the date on which the person:

  (1) receives notice of suspension or denial under Section 724.032(a); or

  (2) is considered to have received notice of suspension or denial under Section 724.033.

A person's refusal of a request by an officer to submit to the taking of a specimen of breath or blood, whether the refusal was express or the result of an intentional failure to give the specimen, may be introduced into evidence at the person's trial.

The fact that a person's request to have an additional analysis under Section 724.019 is refused by the officer or another person acting for or on behalf of the state, that the person was not provided a reasonable opportunity to contact a person specified by Section 724.019(a) to take the specimen, or that reasonable access was not allowed to the arrested person may be introduced into evidence at the person's trial.

Evidence of alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance obtained by an analysis authorized by Section 724.064 is admissible in a civil or criminal action.

In the trial of a criminal proceeding arising out of an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or watercraft, or an offense under Section 106.041, Alcoholic Beverage Code, evidence of the alcohol concentration or presence of a controlled substance, drug, dangerous drug, or other substance as shown by analysis of a specimen of the person's blood, breath, or urine or any other bodily substance taken at the request or order of a peace officer is admissible.

In this title:

(1) "Aggravated controlled substance felony" means an offense under Subchapter D, Chapter 481, Health and Safety Code, that is punishable by:

  (A) a minimum term of confinement that is longer than the minimum term of confinement for a felony of the first degree; or

  (B) a maximum fine that is greater than the maximum fine for a felony of the first degree.

(2) "Child" means a person who is:

  (A) ten years of age or older and under 17 years of age; or

  (B) seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.

(3) "Custodian" means the adult with whom the child resides.

(4) "Guardian" means the person who, under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court.

(5) "Judge" or "juvenile court judge" means the judge of a juvenile court.

(6) "Juvenile court" means a court designated under Section 51.04 of this code to exercise jurisdiction over proceedings under this title.

(7) "Law-enforcement officer" means a peace officer as defined by Article 2.12, Code of Criminal Procedure.

(8) "Nonoffender" means a child who:

  (A) is subject to jurisdiction of a court under abuse, dependency, or neglect statutes under Title 5 for reasons other than legally prohibited conduct of the child; or

  (B) has been taken into custody and is being held solely for deportation out of the United States.

(9) "Parent" means the mother or the father of a child, but does not include a parent whose parental rights have been terminated.

(10) "Party" means the state, a child who is the subject of proceedings under this subtitle, or the child's parent, spouse, guardian, or guardian ad litem.

(11) "Prosecuting attorney" means the county attorney, district attorney, or other attorney who regularly serves in a prosecutory capacity in a juvenile court.

(12) "Referral to juvenile court" means the referral of a child or a child's case to the office officially, including an intake officer or probation officer, designated by the juvenile board to process children within the juvenile justice system.

(13) "Secure correctional facility" means any public or private residential facility, including an alcohol or other drug treatment facility, that:

  (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility; and

  (B) is used for the placement of any juvenile who has been adjudicated as having committed an offense, any nonoffender, or any other individual convicted of a criminal offense.

(14) "Secure detention facility" means any public or private residential facility that:

  (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility; and

  (B) is used for the temporary placement of any juvenile who is accused of having committed an offense, any nonoffender, or any other individual accused of having committed a criminal offense.

(15) "Status offense" means a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult, including:

  (A) truancy under Section 51.03(b)(2);

  (B) running away from home under Section 51.03(b)(3);

  (C) a fineable only offense under Section 51.03(b)(1) transferred to the juvenile court under Section 51.08(b), if:

    (i) the conduct constituting the offense would not have been criminal if engaged in by an adult; or

    (ii) failure to attend school under Section 25.094, Education Code;

  (D) a violation of standards of student conduct as described by Section 51.03(b)(1);

  (E) a violation of a juvenile curfew ordinance or order;

  (F) a violation of a provision of the Alcoholic Beverage Code applicable to minors only; or

  (G) a violation of any other fineable only offense under Section 8.07(a)(4) or (5), Penal Code, but only if the conduct constituting the offense would not have been criminal if engaged in by an adult.

(16) "Traffic offense" means:

  (A) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for:

    (i) conduct constituting an offense under Section 550.021, Transportation Code;

    (ii) conduct constituting an offense punishable as a Class B misdemeanor under Section 550.022, Transportation Code;

    (iii) conduct constituting an offense punishable as a Class B misdemeanor under Section 550.023, Transportation Code;

    (iv) conduct constituting an offense punishable as a Class B misdemeanor under Section 550.024, Transportation Code; or

  (B) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state.

§724.101. Definitions (continued)

(17) "Valid court order" means a court order entered under Section 54.04 concerning a child adjudicated to have engaged in conduct indicating a need for supervision as a status offender.

(a) Delinquent conduct is:

  (1) conduct, other than a traffic offense, that:

    (A) violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail;

    (B) violates a lawful order of a municipal court or justice court under circumstances that would constitute contempt of that court;

    (C) is a justice or municipal court; or

    (D) a county court for conduct punishable only by a fine;

  (3) conduct that violates Section 49.04, 49.07, 49.08, or 49.09, Penal Code, punishable by:

    (A) confinement in jail; or

    (B) imprisonment if the child has been previously convicted of conduct violating one of those sections relating to the offense of alcohol by a minor under Section 106.041, Alcoholic Beverage Code; or

  (4) conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor, if the child has been previously convicted at least twice of conduct violating that section.

(b) Conduct indicating a need for supervision is:

  (1) subject to Subsection (d), conduct, other than a traffic offense, that violates:

    (A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

    (B) the penal ordinances of any political subdivision of this state;

  (2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year from school without the consent of the child's parent or legal guardian, if the child is required to attend school under a written order from a court under Section 264.305;

  (3) the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;

  (4) conduct prohibited by city ordinance or state law involving the inhalation of the fumes or vapors of paint and other substances or glue and adhesives and other volatile chemicals described in Section 484.004, Health and Safety Code;

  (5) conduct that violates a school district's previously communicated written standards of student conduct to which the child has been assigned under Section 37.007(c), Education Code; or

  (6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305.

(c) Nothing in this title prevents criminal proceedings against a child for perjury.

(d) It is an affirmative defense to an allegation of conduct under Subsection (b)(2) that one or more of the absences required to be proven under that subsection have been excused by a school official or should be excused by the court or that one of the absences was involuntary. The burden is on the respondent to show by a preponderance of the evidence that the absence has been or should be excused or that the absence was involuntary. A decision by the court to excuse an absence for purposes of this subsection does not affect the ability of the school district to determine whether to excuse the absence for another purpose.

(e) For the purposes of Subsection (b)(3), "child" does not include a person who is married, divorced, or widowed.

(f) Except as provided by Subsection (g), conduct described under Subsection (b)(1) does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.03(b)(1).

(g) In a county with a population of less than 100,000, conduct described by Subsection (b)(1)(A) that violates Section 25.094, Education Code, is conduct indicating a need for supervision.

(a) Habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:

  (1) the child who engaged in the conduct has at least two previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade of felony;

  (2) the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final; and

  (3) all appeals relating to the previous adjudications considered under Subdivisions (1) and (2) have been exhausted.

(b) For purposes of this section, an adjudication is final if the child is placed on probation or committed to the Texas Youth Commission.

(c) An adjudication based on conduct that occurred before January 1, 1996, may not be considered in a disposition made under this section.

(a) Except as otherwise provided by this title, a juvenile court has exclusive original jurisdiction over proceedings under this title. The juvenile court may be designated as a district court, a criminal district court, a county court at law, or a county court.

(b) If the judge designated under Subsection (a) is unavailable, another judge within the designated court may temporarily preside over the juvenile proceedings. If no judge of the designated court is available, the local administrative judge may assign a judge from another court to preside.

(c) The juvenile court may appoint a referee to make recommendations on preliminary matters. The referee must be a licensed attorney and may not preside over adjudication or disposition hearings.

(d) Justice and municipal courts have jurisdiction over cases involving fine-only misdemeanors committed by children, except as provided by Section 51.08(b).

(a) The court retains jurisdiction over a person, without regard to the age of the person, for conduct engaged in by the person before becoming 17 years of age, if as a result of an appeal by the person under Chapter 56 or under Article 44.47, Code of Criminal Procedure, an order of the court is reversed or modified and the case remanded to the court by the appellate court.

(b) If the respondent is at least 18 years of age when the order of remand from the appellate court is received by the juvenile court, the juvenile court shall proceed as provided by Sections 54.02(o)–(r) for the detention of a person at least 18 years of age in discretionary transfer proceedings. Pending retrial of the adjudication or transfer proceeding, the juvenile court may:

  (1) order the respondent released from custody;

  (2) order the respondent detained in a juvenile detention facility; or

  (3) set bond and order the respondent detained in a county adult facility if bond is not made.

The court retains jurisdiction over a person, without regard to the age of the person, who is referred to the court under Section 54.11 for transfer to the Texas Department of Criminal Justice or release under supervision.

The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in a proceeding under this title if:

  (1) the petition or motion to modify was filed while the respondent was younger than 18 years of age;

  (2) the proceeding is not complete before the respondent becomes 18 years of age; and

  (3) the court enters a finding in the proceeding that the prosecuting attorney exercised due diligence in an attempt to complete the proceeding before the respondent became 18 years of age.

(a) A child who objects to the jurisdiction of the court over the child because of the age of the child must raise the objection at the adjudication hearing or discretionary transfer hearing, if any.

(b) A child who does not object as provided by Subsection (a) waives any right to object to the jurisdiction of the court because of the age of the child at a later hearing or on appeal.

(a) A juvenile court, in a disposition under Section 54.04, shall:

  (1) order the Department of Public Safety to suspend a child's driver's license or permit, or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child if the court finds that the child has engaged in conduct in violation of a law of this state enumerated in Section 54.032, Transportation Code;

  (2) notify the Department of Public Safety of the adjudication or finding that the child has engaged in conduct that violates a law of this state enumerated in Section 54.032, Transportation Code.

(b) A juvenile court, in a disposition under Section 54.04, may order the Department of Public Safety to suspend a child's driver's license or permit, or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child, under the circumstances described by Subsection (c).

(c) The court under Subsection (a)(1) shall specify a period of suspension or denial that is until the child reaches the age of 18 or for a period not to exceed 365 days, whichever is shorter.

(d) The order under Subsection (b) shall specify a period of suspension or denial that is:

  (1) not to exceed 365 days; or

  (2) if the child drives while the child’s license or permit has been suspended as provided in Subsection (a), not to exceed 365 days, in addition to the original period of suspension.

(e) If the court finds that the child has been previously adjudicated as having engaged in conduct violating Section 28.08, Penal Code, and prior to the second adjudication the child was not adjudicated as having engaged in conduct violating that section:

  (1) the court shall order the Department of Public Safety to suspend or deny issuance of a license or permit, if the child is otherwise eligible for, and fulfills the requirement for issuance of, a provisional driver’s license or permit under Chapter 521, Transportation Code, for a period not to exceed 365 days; and

  (2) a disposition hearing under Section 54.04 may order the Department of Public Safety to suspend a child’s license.

(f) The Department of Public Safety may not issue a license or permit to a child who is the subject of an order under this section until the period of suspension or denial specified by the order has expired or the order has been rescinded. If the child does not have a license or permit at the time the court issues an order under this section, the period of suspension or denial begins on the date the child applies for the issuance of a license or permit and shall continue for the period specified by the court. If the child has a license or permit at the time the court issues the order, the Department of Public Safety shall suspend the license or permit for the period specified by the court beginning on the date the child surrenders the license or permit to the Department of Public Safety. The Department of Public Safety may not reinstate or issue a license or permit to a child who is the subject of an order under this section unless the child applies for reinstatement or issuance of the license or permit and pays a reinstatement fee of $100. The Department of Public Safety shall deposit fees collected under this subsection to the credit of a special account in the general revenue fund that may be appropriated only to the Department of Public Safety for use in administering this section.

(g) Notwithstanding any other provision of this section or other law, if a child is adjudicated under Section 54.032, Transportation Code, each of the automatic suspensions or denials under this section shall be for 365 days or until the child reaches the age of 18, whichever is shorter. The Department of Public Safety may not issue a license or permit to a child who is the subject of an order under this section unless the child applies for reinstatement or issuance of the license or permit and pays a reinstatement fee of $100. The Department of Public Safety shall deposit fees collected under this subsection to the credit of a special account in the general revenue fund that may be appropriated only to the Department of Public Safety for use in administering this section. This subsection does not apply to a child who has previously been adjudicated for conduct that violates Section 49.04, 49.07, or 49.08, Penal Code.

§504.03. Mandatory Suspension for Alcohol-Related or School-Related Offenses

If the court or jury finds at an adjudication hearing for a child that the child engaged in conduct indicating a need for supervision or delinquent conduct that violates the alcohol-related offenses in Section 106.02, 106.025, 106.04, 106.05, or 106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the court shall, subject to a finding under Section 54.04(c), order, in addition to any other order authorized by this title, that in the manner provided by Section 106.071(a), Alcoholic Beverage Code:

  (1) the child perform community service; and

  (2) the child's driver's license or permit be suspended or that the child be denied issuance of a driver's license or permit.