1-1 By: Cain S.B. No. 531
1-2 (In the Senate - Filed February 11, 1997; February 13, 1997,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 16, 1997, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain officers' duties for driver's license
1-9 suspension.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 524.011, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 524.011. [ARRESTING] OFFICER'S DUTIES FOR DRIVER'S
1-14 LICENSE SUSPENSION. (a) If a person arrested for an offense under
1-15 Section 49.04, Penal Code, or an offense under Section 49.07 or
1-16 49.08 of that code involving the operation of a motor vehicle,
1-17 submits to the taking of a specimen of breath or blood and an
1-18 analysis of the specimen shows the person had an alcohol
1-19 concentration of a level specified by Section 49.01(2)(B), Penal
1-20 Code, a peace [the arresting] officer shall:
1-21 (1) serve or, if the analysis of the specimen is not
1-22 returned to the arresting officer before the person is admitted to
1-23 bail, released from custody, or committed to jail, attempt to serve
1-24 notice of driver's license suspension by [personally] delivering
1-25 the notice to the arrested person; and
1-26 (2) send to the department not later than the fifth
1-27 business day after the date of the arrest:
1-28 (A) a copy of the driver's license suspension
1-29 notice; and
1-30 (B) a sworn report of information relevant to
1-31 the arrest.
1-32 (b) The report required under Subsection (a)(2)(B) must:
1-33 (1) identify the arrested person;
1-34 (2) state the arresting officer's grounds for
1-35 believing the person committed the offense;
1-36 (3) give the analysis of the specimen; and
1-37 (4) include a copy of the criminal complaint filed in
1-38 the case.
1-39 (c) A peace [An arresting] officer shall make the report on
1-40 a form approved by the department and in the manner specified by
1-41 the department.
1-42 (d) The department shall develop a form for the notice of
1-43 driver's license suspension that shall be used by all state and
1-44 local law enforcement agencies.
1-45 SECTION 2. This Act takes effect September 1, 1997.
1-46 SECTION 3. The importance of this legislation and the
1-47 crowded condition of the calendars in both houses create an
1-48 emergency and an imperative public necessity that the
1-49 constitutional rule requiring bills to be read on three several
1-50 days in each house be suspended, and this rule is hereby suspended.
1-51 * * * * *