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.

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