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HOUSE BILL 63 |
HOUSE AUTHOR: Wolens et al. |
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EFFECTIVE: 9-1-01 |
SENATE SPONSOR: Zaffirini |
House Bill 63 amends the Transportation Code to require a peace officer who arrests a person for certain intoxication offenses, or if a person refuses to submit a blood or breath specimen, to take possession of the person's driver's license, including a commercial license, and to issue a temporary driving permit to the person. If the arrested person was driving a commercial motor vehicle, the temporary driving permit is not effective until 24 hours after the time of arrest. The bill establishes that a temporary driving permit expires on the 41st day after its issuance and requires the Department of Public Safety to notify the person of the effect of the suspension before the expiration of any temporary driving permit.
The bill increases the length of time a person's driver's license is suspended and bases the suspension on the person's driving record over the previous 10 years, rather than the previous 5 years. It also increases the length of time a person's driver's license is suspended for refusing to submit a specimen. If a person submits a specimen and an analysis shows an illegal alcohol level, the bill increases the length of suspension from 60 to 90 days, whether or not the person is subsequently prosecuted as a result of the arrest. The bill provides that the provisions relating to the suspension of a driver's license for refusing to submit a specimen apply to a person who is arrested for certain intoxication offenses involving the operation of a watercraft. The bill deletes provisions relating to a shorter suspension time for a person younger than 21 years of age and increases from $100 to $125 the fee to reinstate a suspended driver's license.