By Pickett H.B. No. 2429
75R8591 PEP-F
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 49.03(a), Penal Code, is amended to read
1-7 as follows:
1-8 (a) A person commits an offense if the person consumes an
1-9 alcoholic beverage while operating a motor vehicle in a public
1-10 place [and is observed doing so by a peace officer].
1-11 SECTION 2. Section 524.015, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 524.015. RELATIONSHIP OF ADMINISTRATIVE PROCEEDING TO
1-14 CRIMINAL PROCEEDING [EFFECT OF DISPOSITION OF CRIMINAL CHARGE ON
1-15 DRIVER'S LICENSE SUSPENSION]. (a) The determination of the
1-16 department or administrative law judge:
1-17 (1) is a civil matter;
1-18 (2) is independent of and is not an estoppel as to any
1-19 matter in issue in an adjudication of a criminal charge arising
1-20 from the occurrence that is the basis for the suspension or denial;
1-21 and
1-22 (3) does not preclude litigation of the same or
1-23 similar facts in a criminal prosecution.
1-24 (b) Except as provided by Subsection (c) [(b)], the
2-1 disposition of a criminal charge does not affect a driver's license
2-2 suspension under this chapter and does not bar any matter in issue
2-3 in a driver's license suspension proceeding under this chapter.
2-4 (c) [(b)] A suspension may not be imposed under this chapter
2-5 on a person who is acquitted of a criminal charge under Section
2-6 49.04, 49.07, or 49.08, Penal Code, arising from the occurrence
2-7 that was the basis for the suspension. If a suspension was imposed
2-8 before the acquittal, the department shall rescind the suspension
2-9 and shall remove any reference to the suspension from the person's
2-10 computerized driving record.
2-11 SECTION 3. Chapter 524, Transportation Code, is amended by
2-12 adding Section 524.0321 to read as follows:
2-13 Sec. 524.0321. DISCOVERY. (a) Not less than five days
2-14 before the date of a hearing, the department shall provide to the
2-15 person who requested the hearing a copy of each document the
2-16 department intends to offer into evidence at the hearing. No
2-17 additional discovery may be ordered or required from the
2-18 department.
2-19 (b) If the administrative law judge determines that the
2-20 department failed to timely provide a document as required by this
2-21 subsection, the administrative law judge may order the document to
2-22 be suppressed for purposes of the hearing or may grant a
2-23 continuance for any period of time necessary for the person who
2-24 requested the hearing to receive and respond to the document. No
2-25 other discovery sanction may be imposed.
2-26 SECTION 4. Section 524.041(e), Transportation Code, is
2-27 amended to read as follows:
3-1 (e) A district or county attorney, or an attorney employed
3-2 by the department, may represent the department in an appeal.
3-3 SECTION 5. Section 724.015, Transportation Code, is amended
3-4 to read as follows:
3-5 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
3-6 REQUESTING SPECIMEN. (a) Before requesting a person to submit to
3-7 the taking of a specimen, the officer shall inform the person
3-8 orally and in writing that:
3-9 (1) if the person refuses to submit to the taking of
3-10 the specimen, that refusal may be admissible in a subsequent
3-11 prosecution;
3-12 (2) if the person refuses to submit to the taking of
3-13 the specimen, the person's license to operate a motor vehicle will
3-14 be automatically suspended, whether or not the person is
3-15 subsequently prosecuted as a result of the arrest, for:
3-16 (A) not less than 120 [90] days if the person is
3-17 21 years of age or older; or
3-18 (B) one year if the person is younger than 21
3-19 years of age;
3-20 (3) if the person submits to the taking of a specimen
3-21 designated by the officer and an analysis of the specimen shows the
3-22 person had an alcohol concentration of a level specified by Chapter
3-23 49, Penal Code, the person's license to operate a motor vehicle
3-24 will be automatically suspended for not less than 60 days, whether
3-25 or not the person is subsequently prosecuted as a result of the
3-26 arrest;
3-27 (4) if the officer determines that the person is a
4-1 resident without a license to operate a motor vehicle in this
4-2 state, the department will deny to the person the issuance of a
4-3 license, whether or not the person is subsequently prosecuted as a
4-4 result of the arrest, if:
4-5 (A) the person refuses to submit to the taking
4-6 of a specimen, in which case the denial is for:
4-7 (i) not less than 120 [90] days if the
4-8 person is 21 years of age or older; or
4-9 (ii) one year if the person is younger
4-10 than 21 years of age; or
4-11 (B) a specimen designated by the officer is
4-12 taken and an analysis of the specimen shows the person had an
4-13 alcohol concentration of a level specified by Section 49.01(2)(B),
4-14 Penal Code, in which case the denial is for not less than 60 days;
4-15 and
4-16 (5) the person has a right to a hearing on the
4-17 suspension or denial if, not later than the 15th day after the date
4-18 on which the person receives the notice of suspension or denial or
4-19 on which the person is considered to have received the notice by
4-20 mail as provided by law, the department receives, at its
4-21 headquarters in Austin, a written demand, including a facsimile
4-22 transmission, or a request in another form prescribed by the
4-23 department for the hearing.
4-24 (b) On request by the arrested person after the officer has
4-25 complied with Subsection (a), the officer, in a manner that is not
4-26 coercive or misleading, shall explain the information required by
4-27 this section or provide additional information about the
5-1 consequences of the person's submitting or refusing to submit to
5-2 the taking of the specimen. The provision by the officer of true
5-3 information is presumed to be not coercive.
5-4 (c) Evidence of a person's refusal to submit to the taking
5-5 of a specimen or of the analysis of the specimen is admissible in
5-6 court if the arresting officer substantially complies with this
5-7 section. The evidence is not made inadmissible by a harmless error
5-8 of the officer in providing information about the consequences of
5-9 the person's submitting or refusing to submit to the taking of the
5-10 specimen.
5-11 SECTION 6. Section 724.035(a), Transportation Code, is
5-12 amended to read as follows:
5-13 (a) If a person refuses the request of a peace officer to
5-14 submit to the taking of a specimen, the department shall:
5-15 (1) suspend the person's license to operate a motor
5-16 vehicle on a public highway for 120 [90] days if the person is 21
5-17 years of age or older or one year if the person is younger than 21
5-18 years of age; or
5-19 (2) if the person is a resident without a license,
5-20 issue an order denying the issuance of a license to the person for
5-21 120 [90] days if the person is 21 years of age or older or one year
5-22 if the person is younger than 21 years of age.
5-23 SECTION 7. Section 524.012(e), Transportation Code, is
5-24 repealed.
5-25 SECTION 8. This Act takes effect September 1, 1997. The
5-26 change in law made by this Act applies only to an offense and to
5-27 procedures for the suspension of a driver's license in connection
6-1 with an offense committed on or after September 1, 1997. An
6-2 offense committed before September 1, 1997, and the procedures for
6-3 the suspension of a driver's license in connection with an offense
6-4 committed before September 1, 1997, are covered by the law in
6-5 effect when the offense was committed, and the former law is
6-6 continued in effect for that purpose. For purposes of this
6-7 section, an offense was committed before September 1, 1997, if any
6-8 element of the offense occurred before that date.
6-9 SECTION 9. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended.