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
1-24 the arrest.
2-1 (b) The report required under Subsection (a)(2)(B) must:
2-2 (1) identify the arrested person;
2-3 (2) state the arresting officer's grounds for
2-4 believing the person committed the offense;
2-5 (3) give the analysis of the specimen; and
2-6 (4) include a copy of the criminal complaint filed in
2-7 the case.
2-8 (c) A peace [An arresting] officer shall make the report on
2-9 a form approved by the department and in the manner specified by
2-10 the department.
2-11 (d) The department shall develop a form for the notice of
2-12 driver's license suspension that shall be used by all state and
2-13 local law enforcement agencies.
2-14 SECTION 2. This Act takes effect September 1, 1997.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.