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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that a peace officer take possession of |
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a person's driver's license following the person's failure to pass |
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or refusal to consent to a test for intoxication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 524.011(b), (c), and (e), |
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Transportation Code, are amended to read as follows: |
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(b) A peace officer shall: |
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(1) serve or, if a specimen is taken and the analysis |
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of the specimen is not returned to the arresting officer before the |
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person is admitted to bail, released from custody, delivered as |
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provided by Title 3, Family Code, or committed to jail, attempt to |
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serve notice of driver's license suspension by delivering the |
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notice to the arrested person; and |
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(2) [take possession of any driver's license issued by |
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this state and held by the person arrested; |
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[(3) issue a temporary driving permit to the person |
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unless department records show or the officer otherwise determines |
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that the person does not hold a driver's license to operate a motor |
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vehicle in this state; and |
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[(4)] send to the department not later than the fifth |
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business day after the date of the arrest: |
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(A) a copy of the driver's license suspension |
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notice; and |
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(B) [any driver's license taken by the officer |
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under this subsection; |
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[(C) a copy of any temporary driving permit |
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issued under this subsection; and |
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[(D)] a sworn report of information relevant to |
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the arrest. |
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(c) The report required under Subsection (b)(2)(B) |
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[(b)(4)(D)] must: |
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(1) identify the arrested person; |
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(2) state the arresting officer's grounds for |
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believing the person committed the offense; |
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(3) give the analysis of the specimen if any; and |
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(4) include a copy of the criminal complaint filed in |
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the case, if any. |
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(e) The department shall develop forms for the notice of |
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driver's license suspension [and temporary driving permits] to be |
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used by all state and local law enforcement agencies. |
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SECTION 2. Section 524.032(d), Transportation Code, is |
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amended to read as follows: |
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(d) A request for a hearing stays suspension of a person's |
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driver's license until the date of the final decision of the |
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administrative law judge. [If the person's driver's license was |
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taken by a peace officer under Section 524.011(b), the department |
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shall notify the person of the effect of the request on the |
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suspension of the person's license before the expiration of any |
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temporary driving permit issued to the person, if the person is |
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otherwise eligible, in a manner that will permit the person to |
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establish to a peace officer that the person's driver's license is |
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not suspended.] |
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SECTION 3. Section 524.035(c), Transportation Code, is |
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amended to read as follows: |
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(c) If the administrative law judge does not find in the |
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affirmative on each issue in Subsection (a), the department shall: |
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(1) [return the person's driver's license to the |
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person, if the license was taken by a peace officer under Section |
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524.011(b); |
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[(2)] reinstate the person's driver's license; and |
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(2) [(3)] rescind an order prohibiting the issuance of |
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a driver's license to the person. |
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SECTION 4. Sections 724.032(a), (c), and (d), |
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Transportation Code, are amended to read as follows: |
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(a) If a person refuses to submit to the taking of a |
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specimen, whether expressly or because of an intentional failure of |
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the person to give the specimen, the peace officer shall: |
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(1) serve notice of license suspension or denial on |
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the person; and |
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(2) [take possession of any license issued by this |
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state and held by the person arrested; |
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[(3) issue a temporary driving permit to the person |
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unless department records show or the officer otherwise determines |
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that the person does not hold a license to operate a motor vehicle |
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in this state; and |
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[(4)] make a written report of the refusal to the |
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director of the department. |
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(c) The officer shall forward to the department not later |
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than the fifth business day after the date of the arrest: |
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(1) a copy of the notice of suspension or denial; and |
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(2) [any license taken by the officer under Subsection |
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(a); |
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[(3) a copy of any temporary driving permit issued |
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under Subsection (a); and |
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[(4)] a copy of the refusal report. |
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(d) The department shall develop forms for notices of |
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suspension or denial [and temporary driving permits] to be used by |
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all state and local law enforcement agencies. |
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SECTION 5. Section 724.041(c), Transportation Code, is |
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amended to read as follows: |
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(c) A request for a hearing stays the suspension or denial |
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until the date of the final decision of the administrative law |
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judge. [If the person's license was taken by a peace officer under |
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Section 724.032(a), the department shall notify the person of the |
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effect of the request on the suspension of the person's license |
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before the expiration of any temporary driving permit issued to the |
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person, if the person is otherwise eligible, in a manner that will |
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permit the person to establish to a peace officer that the person's |
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license is not suspended.] |
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SECTION 6. Section 724.043(b), Transportation Code, is |
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amended to read as follows: |
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(b) If the administrative law judge does not find in the |
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affirmative on each issue under Section 724.042, the department |
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shall [return the person's license to the person, if the license was |
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taken by a peace officer under Section 724.032(a), and] reinstate |
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the person's license or rescind any order denying the issuance of a |
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license because of the person's refusal to submit to the taking of a |
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specimen under Section 724.032(a). |
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SECTION 7. Section 2.005(b), Family Code, is amended to |
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read as follows: |
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(b) The proof must be established by: |
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(1) a driver's license or identification card issued |
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by this state, another state, or a Canadian province that is current |
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or has expired not more than two years preceding the date the |
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identification is submitted to the county clerk in connection with |
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an application for a license; |
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(2) a United States passport; |
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(3) a current passport issued by a foreign country or a |
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consular document issued by a state or national government; |
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(4) an unexpired Certificate of United States |
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Citizenship, Certificate of Naturalization, United States Citizen |
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Identification Card, Permanent Resident Card, Temporary Resident |
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Card, Employment Authorization Card, or other document issued by |
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the federal Department of Homeland Security or the United States |
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Department of State including an identification photograph; |
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(5) an unexpired military identification card for |
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active duty, reserve, or retired personnel with an identification |
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photograph; |
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(6) an original or certified copy of a birth |
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certificate issued by a bureau of vital statistics for a state or a |
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foreign government; |
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(7) an original or certified copy of a Consular Report |
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of Birth Abroad or Certificate of Birth Abroad issued by the United |
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States Department of State; |
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(8) an original or certified copy of a court order |
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relating to the applicant's name change or sex change; |
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(9) school records from a secondary school or |
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institution of higher education; |
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(10) an insurance policy continuously valid for the |
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two years preceding the date of the application for a license; |
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(11) a motor vehicle certificate of title; |
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(12) military records, including documentation of |
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release or discharge from active duty or a draft record; |
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(13) an unexpired military dependent identification |
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card; |
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(14) an original or certified copy of the applicant's |
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marriage license or divorce decree; |
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(15) a voter registration certificate; |
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(16) a pilot's license issued by the Federal Aviation |
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Administration or another authorized agency of the United States; |
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(17) a license to carry a handgun under Subchapter H, |
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Chapter 411, Government Code; |
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(18) [a temporary driving permit or] a temporary |
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identification card issued by the Department of Public Safety; or |
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(19) an offender identification card issued by the |
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Texas Department of Criminal Justice. |
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SECTION 8. Sections 524.011(f), 524.037(c), and |
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724.032(e), Transportation Code, are repealed. |
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SECTION 9. The change in law made by this Act applies only |
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to a failure to pass a test for intoxication or a refusal to submit |
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to the taking of a specimen to test for intoxication that occurs on |
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or after the effective date of this Act. A failure to pass a test |
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for intoxication or refusal to submit to the taking of a specimen |
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that occurred before the effective date of this Act is governed by |
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the law in effect when the test was taken or the refusal was made, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2021. |