75R13294 PEP-D
By Pickett, Talton, Solis H.B. No. 2429
Substitute the following for H.B. No. 2429:
By Talton C.S.H.B. No. 2429
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain alcohol-related offenses and to certain
1-3 procedures for administrative and criminal proceedings held in
1-4 connection with alcohol-related offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 524.015, Transportation Code, is amended
1-7 to read as follows:
1-8 Sec. 524.015. RELATIONSHIP OF ADMINISTRATIVE PROCEEDING TO
1-9 CRIMINAL PROCEEDING [EFFECT OF DISPOSITION OF CRIMINAL CHARGE ON
1-10 DRIVER'S LICENSE SUSPENSION]. (a) The determination of the
1-11 department or administrative law judge:
1-12 (1) is a civil matter;
1-13 (2) is independent of and is not an estoppel as to any
1-14 matter in issue in an adjudication of a criminal charge arising
1-15 from the occurrence that is the basis for the suspension or denial;
1-16 and
1-17 (3) does not preclude litigation of the same or
1-18 similar facts in a criminal prosecution.
1-19 (b) Except as provided by Subsection (c) [(b)], the
1-20 disposition of a criminal charge does not affect a driver's license
1-21 suspension under this chapter and does not bar any matter in issue
1-22 in a driver's license suspension proceeding under this chapter.
1-23 (c) [(b)] A suspension may not be imposed under this chapter
1-24 on a person who is acquitted of a criminal charge under Section
2-1 49.04, 49.07, or 49.08, Penal Code, arising from the occurrence
2-2 that was the basis for the suspension. If a suspension was imposed
2-3 before the acquittal, the department shall rescind the suspension
2-4 and shall remove any reference to the suspension from the person's
2-5 computerized driving record.
2-6 SECTION 2. Chapter 524, Transportation Code, is amended by
2-7 adding Section 524.0321 to read as follows:
2-8 Sec. 524.0321. DISCOVERY. (a) Not less than five days
2-9 before the date of a hearing, the department shall provide to the
2-10 person who requested the hearing a copy of each document the
2-11 department intends to offer into evidence at the hearing. No
2-12 additional discovery may be ordered or required from the
2-13 department.
2-14 (b) If the administrative law judge determines that the
2-15 department failed to timely provide a document as required by this
2-16 subsection, the administrative law judge may order the document to
2-17 be suppressed for purposes of the hearing or may grant a
2-18 continuance for any period of time necessary for the person who
2-19 requested the hearing to receive and respond to the document. No
2-20 other discovery sanction may be imposed.
2-21 SECTION 3. Section 524.041(e), Transportation Code, is
2-22 amended to read as follows:
2-23 (e) A district or county attorney, or an attorney employed
2-24 by the department, may represent the department in an appeal.
2-25 SECTION 4. Section 724.015, Transportation Code, is amended
2-26 to read as follows:
2-27 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
3-1 REQUESTING SPECIMEN. (a) Before requesting a person to submit to
3-2 the taking of a specimen, the officer shall inform the person
3-3 orally and in writing that:
3-4 (1) if the person refuses to submit to the taking of
3-5 the specimen, that refusal may be admissible in a subsequent
3-6 prosecution;
3-7 (2) if the person refuses to submit to the taking of
3-8 the specimen, the person's license to operate a motor vehicle will
3-9 be automatically suspended, whether or not the person is
3-10 subsequently prosecuted as a result of the arrest, for:
3-11 (A) not less than 90 days if the person is 21
3-12 years of age or older; or
3-13 (B) one year if the person is younger than 21
3-14 years of age;
3-15 (3) if the person submits to the taking of a specimen
3-16 designated by the officer and an analysis of the specimen shows the
3-17 person had an alcohol concentration of a level specified by Chapter
3-18 49, Penal Code, the person's license to operate a motor vehicle
3-19 will be automatically suspended for not less than 60 days, whether
3-20 or not the person is subsequently prosecuted as a result of the
3-21 arrest;
3-22 (4) if the officer determines that the person is a
3-23 resident without a license to operate a motor vehicle in this
3-24 state, the department will deny to the person the issuance of a
3-25 license, whether or not the person is subsequently prosecuted as a
3-26 result of the arrest, if:
3-27 (A) the person refuses to submit to the taking
4-1 of a specimen, in which case the denial is for:
4-2 (i) not less than 90 days if the person is
4-3 21 years of age or older; or
4-4 (ii) one year if the person is younger
4-5 than 21 years of age; or
4-6 (B) a specimen designated by the officer is
4-7 taken and an analysis of the specimen shows the person had an
4-8 alcohol concentration of a level specified by Section 49.01(2)(B),
4-9 Penal Code, in which case the denial is for not less than 60 days;
4-10 and
4-11 (5) the person has a right to a hearing on the
4-12 suspension or denial if, not later than the 15th day after the date
4-13 on which the person receives the notice of suspension or denial or
4-14 on which the person is considered to have received the notice by
4-15 mail as provided by law, the department receives, at its
4-16 headquarters in Austin, a written demand, including a facsimile
4-17 transmission, or a request in another form prescribed by the
4-18 department for the hearing.
4-19 (b) On request by the arrested person after the officer has
4-20 complied with Subsection (a), the officer, in a manner that is not
4-21 coercive or misleading, may explain the information required by
4-22 this section or provide additional information about the
4-23 consequences of the person's submitting or refusing to submit to
4-24 the taking of the specimen. The provision by the officer of true
4-25 information is presumed to be not coercive.
4-26 (c) Evidence of a person's refusal to submit to the taking
4-27 of a specimen or of the analysis of the specimen is admissible in
5-1 court if the arresting officer substantially complies with this
5-2 section.
5-3 SECTION 5. Section 524.012(e), Transportation Code, is
5-4 repealed.
5-5 SECTION 6. This Act takes effect September 1, 1997. The
5-6 change in law made by this Act applies only to an offense and to
5-7 procedures for the suspension of a driver's license in connection
5-8 with an offense committed on or after September 1, 1997. An
5-9 offense committed before September 1, 1997, and the procedures for
5-10 the suspension of a driver's license in connection with an offense
5-11 committed before September 1, 1997, are covered by the law in
5-12 effect when the offense was committed, and the former law is
5-13 continued in effect for that purpose. For purposes of this
5-14 section, an offense was committed before September 1, 1997, if any
5-15 element of the offense occurred before that date.
5-16 SECTION 7. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.