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A BILL TO BE ENTITLED
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AN ACT
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relating to a signed statement indicating that a person voluntarily |
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consented to submit to the taking of a breath or blood specimen to |
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test for intoxication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.015, Transportation Code, is amended |
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to read as follows: |
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Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE |
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REQUESTING SPECIMEN; STATEMENT OF CONSENT. (a) Before requesting a |
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person to submit to the taking of a specimen, the officer shall |
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inform the person orally and in writing that: |
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(1) if the person refuses to submit to the taking of |
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the specimen, that refusal may be admissible in a subsequent |
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prosecution; |
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(2) if the person refuses to submit to the taking of |
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the specimen, the person's license to operate a motor vehicle will |
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be automatically suspended, whether or not the person is |
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subsequently prosecuted as a result of the arrest, for not less than |
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180 days; |
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(3) if the person refuses to submit to the taking of a |
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specimen, the officer may apply for a warrant authorizing a |
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specimen to be taken from the person; |
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(4) if the person is 21 years of age or older and |
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submits to the taking of a specimen designated by the officer and an |
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analysis of the specimen shows the person had an alcohol |
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concentration of a level specified by Chapter 49, Penal Code, the |
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person's license to operate a motor vehicle will be automatically |
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suspended for not less than 90 days, whether or not the person is |
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subsequently prosecuted as a result of the arrest; |
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(5) if the person is younger than 21 years of age and |
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has any detectable amount of alcohol in the person's system, the |
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person's license to operate a motor vehicle will be automatically |
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suspended for not less than 60 days even if the person submits to |
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the taking of the specimen, but that if the person submits to the |
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taking of the specimen and an analysis of the specimen shows that |
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the person had an alcohol concentration less than the level |
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specified by Chapter 49, Penal Code, the person may be subject to |
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criminal penalties less severe than those provided under that |
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chapter; |
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(6) if the officer determines that the person is a |
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resident without a license to operate a motor vehicle in this state, |
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the department will deny to the person the issuance of a license, |
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whether or not the person is subsequently prosecuted as a result of |
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the arrest, under the same conditions and for the same periods that |
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would have applied to a revocation of the person's driver's license |
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if the person had held a driver's license issued by this state; and |
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(7) the person has a right to a hearing on the |
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suspension or denial if, not later than the 15th day after the date |
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on which the person receives the notice of suspension or denial or |
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on which the person is considered to have received the notice by |
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mail as provided by law, the department receives, at its |
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headquarters in Austin, a written demand, including a facsimile |
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transmission, or a request in another form prescribed by the |
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department for the hearing. |
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(b) If a person consents to the request of an officer to |
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submit to the taking of a specimen, the officer shall request the |
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person to sign a statement that: |
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(1) the officer requested that the person submit to |
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the taking of a specimen; |
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(2) the person was informed of the consequences of not |
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submitting to the taking of a specimen; and |
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(3) the person voluntarily consented to the taking of |
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a specimen. |
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SECTION 2. The change in law made by this Act applies only |
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to the request for the taking of a breath or blood specimen to test |
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for intoxication that occurs on or after the effective date of this |
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Act. The request for the taking of a specimen that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the specimen was requested, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |