BILL ANALYSIS
C.S.S.B. 521
By: Zaffirini
State Affairs
04-04-95
Committee Report (Substituted)
BACKGROUND
Administrative license revocation (ALR) is an administrative
procedure designed to quickly revoke the driver's license of a
motorist driving while intoxicated. The current ALR statute was
established by the 73rd Legislature and became effective January 1,
1995. The Department of Public Safety and the State Office of
Administrative Hearings implement the revocations.
PURPOSE
As proposed, C.S.S.B. 521 amends the civil and criminal procedure
and penalties relating to the arrest of an individual for driving
a motor vehicle while intoxicated; establishes provisions for
immediate suspension or prohibition of a motor vehicle license for
committing the violation.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1, Article 6687b-1, V.T.C.S., by amending
Subdivisions (1), (2), and (5) and adding Subdivision (7), to
redefine "alcohol concentration," "alcohol-related or drug-related
enforcement contact," and "license." Defines "intoxicated."
SECTION 2. Amends Section 2, Article 6687b-1, V.T.C.S., as follows:
Sec. 2. (a) Requires an arresting officer to serve notice of
license suspension or prohibition, rather than driver's
license suspension only, personally on the arrested person if
a person arrested for an offense under Section 49.04, Penal
Code, rather than Article 6701l-1, V.T.C.S., or Section
19.05(a)(2), Penal Code, or under Section 49.07 or 49.08,
Penal Code, if the offense involved the operation of a motor
vehicle, the person arrested submits to the taking of a breath
or blood specimen and an analysis of the specimen shows the
person had an alcohol concentration of a level specified in
Section 49.01(2)(B), Penal Code, rather than Article 67011-1(a)(2)(B), V.T.C.S.
(b) Makes conforming changes.
(c) Makes a conforming change.
(d) Requires the Department of Public Safety (department) to
develop forms for notices of suspension and prohibition to
be used by all state and local law enforcement agencies.
SECTION 3. Amends Section 3, Article 6687b-1, V.T.C.S., by amending
Subsection (a) and adding Subsection (c), as follows:
(a) Requires the arrest report of a peace officer to identify
the arrested person, including a statement under oath of the
officer's grounds for believing that the person committed the
offense and give the analysis of the specimen. Deletes the
requirement that a copy of the criminal complaint filed in the
case be included in the report. Makes conforming and
nonsubstantive changes.
(c) Requires a report submitted by a peace officer under
Subsection (a) of this section to be a governmental record for
the purpose of Section 37.10, Penal Code.
SECTION 4. Amends Section 4, Article 6687b-1, V.T.C.S., as follows:
(a) Makes conforming changes.
(b) Requires the department, if the officer did not serve
notice of the license suspension or prohibition in accordance
with Section 5, to mail, rather than mailing by certified
mail, notice of suspension or prohibition to the address of
the person, as shown by the department's records, or to the
address given on the peace officer's report, instead of both,
if different.
(c) Requires the department to notify the person of its
determination if it does not suspend the person's license or
prohibit the issuance of a license to a person. Makes
conforming changes.
SECTION 5. Amends Sections 5(a), (b), and (d), Article 6687b-1,
V.T.C.S., to make conforming changes.
SECTION 6. Amends Section 6, Article 6687b-1, V.T.C.S., as follows:
(a) and (b) Make conforming changes.
(c) Prohibits the court from extending the credit toward the
period of suspension or prohibition to a person who has
previously been convicted of an offense under Article 6701l-1,
V.T.C.S., or Section 19.05, Penal Code, as those laws existed
before September 1, 1994, an offense under Section 49.04,
Penal Code, or an offense involving the operation of a motor
vehicle under Section 49.07 or 49.08, Penal Code. Makes
nonsubstantive and conforming changes.
SECTION 7. Amends Section 7, Article 6687b-1, V.T.C.S., by amending
Subsections (a), (b), (d), (f), (g), (h), (j), and (l)-(p), as
follows:
(a) Makes conforming and nonsubstantive changes.
(b) Prohibits the department from suspending any license or
prohibiting the issuance of a license if the administrative
law judge does not find in the affirmative as to the issue of
whether reasonable suspicion to stop and probable cause to
arrest a person existed. Deletes language requiring the judge
to reinstate any license, permit, or privilege to operate a
motor vehicle and to rescind an order prohibiting the issuance
of a license. Makes conforming and nonsubstantive changes.
(d) Makes a conforming change.
(f) Requires the department to reschedule the hearing to a
date no sooner than the fifth day after the date on which the
matter was scheduled for hearing, unless otherwise agreed by
both parties if by five days before the date of a scheduled
hearing the department has received a request for a
continuance from the person who has requested the hearing,
rather than on which the department received the request for
continuance. Makes conforming changes.
(g) and (h) Make conforming changes.
(j) and (l) Make nonsubstantive and conforming changes.
(m) Authorizes the chemical analysis of the specimen of the
person's blood or urine to be attested to by affidavit from
the individual who performed the analysis in a proceeding
under this article. Requires the affidavit submitted under
Subdivision 1(A) of this subsection to contain certain
information. Authorizes the affidavit to be submitted in lieu
of an appearance at the hearing by the individual who
performed the chemical analysis, among others.
(n) Requires each requested person, including the individual
who performed the chemical analysis, to appear at the hearing
if the department receives from the person requesting the
hearing written notice no later than five business days before
the hearing requesting the presence of certain people.
Authorizes the technical supervisor to designate another
technical supervisor to appear for that person at the hearing.
Makes a conforming change.
(o) and (p) Make conforming changes.
SECTION 8. Amends Sections 2(b), (d), (f)-(i), (l), (p), and (r),
Article 6701l-5, V.T.C.S., as follows:
(b) Requires the officer to inform the arrested person that
the arrested person has a right to a hearing on suspension and
prohibition, rather than suspension and denial. Makes
conforming and nonsubstantive changes.
(d) Requires the peace officer before whom the refusal was
made to give a specimen to serve notice of driver's license,
permit, or privilege suspension or prohibition to the person.
Makes a conforming change.
(f) Requires a copy of the notice of suspension or prohibition
and the report, rather than refusal report, to be forwarded by
the officer to the department before the end of the fifth
business day after the date of the arrest.
(g) Makes a conforming change.
(h) Requires the department to mail notice of suspension or
prohibition, rather than by certified mail to the address of
the person, as shown by the records of the department, or to
the address given in the peace officer's report, rather than
both, if different.
(i) Makes a conforming change.
(l) Makes a nonsubstantive change.
(p) Requires the department to reschedule the hearing to a
date no sooner than the fifth day after the date on which the
matter was scheduled for hearing, unless otherwise agreed by
both parties, rather than the date on which the department
received the request for continuance if by five days before
the date of a scheduled hearing the department has received a
request for a continuance from the person who has requested
the hearing. Makes conforming changes.
(r) Makes a conforming change.
SECTION 9. Makes application of this Act prospective.
SECTION 10. Emergency clause.
Effective date: upon passage.