By:  Cain                                              S.B. No. 531

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain officers' duties for driver's license

 1-2     suspension.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 524.011, Transportation Code, is amended

 1-5     to read as follows:

 1-6           Sec. 524.011.  [ARRESTING] OFFICER'S DUTIES FOR DRIVER'S

 1-7     LICENSE SUSPENSION.  (a)  If a person arrested for an offense under

 1-8     Section 49.04, Penal Code, or an offense under Section 49.07 or

 1-9     49.08 of that code involving the operation of a motor vehicle,

1-10     submits to the taking of a specimen of breath or blood and an

1-11     analysis of the specimen shows the person had an alcohol

1-12     concentration of a level specified by Section 49.01(2)(B), Penal

1-13     Code, a peace [the arresting] officer shall:

1-14                 (1)  serve or, if the analysis of the specimen is not

1-15     returned to the arresting officer before the person is admitted to

1-16     bail, released from custody, or committed to jail, attempt to serve

1-17     notice of driver's license suspension by [personally] delivering

1-18     the notice to the arrested person; and

1-19                 (2)  send to the department not later than the fifth

1-20     business day after the date of the arrest:

1-21                       (A)  a copy of the driver's license suspension

1-22     notice; and

1-23                       (B)  a sworn report of information relevant to

 2-1     the arrest.

 2-2           (b)  The report required under Subsection (a)(2)(B) must:

 2-3                 (1)  identify the arrested person;

 2-4                 (2)  state the arresting officer's grounds for

 2-5     believing the person committed the offense;

 2-6                 (3)  give the analysis of the specimen; and

 2-7                 (4)  include a copy of the criminal complaint filed in

 2-8     the case.

 2-9           (c)  A peace [An arresting] officer shall make the report on

2-10     a form approved by the department and in the manner specified by

2-11     the department.

2-12           (d)  The department shall develop a form for the notice of

2-13     driver's license suspension that shall be used by all state and

2-14     local law enforcement agencies.

2-15           SECTION 2.  This Act takes effect September 1, 1997.

2-16           SECTION 3.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.