Amend HB 2031 as follows:
(1) Add appropriately numbered SECTIONS to the bill to read
as follows:
SECTION ____. Section 524.011, Transportation Code, is
amended by amending Subsections (b), (c), and (e) and adding
Subsection (f) to read as follows:
(b) A peace officer shall:
(1) serve or, if a specimen is taken and the analysis
of the specimen is not returned to the arresting officer before the
person is admitted to bail, released from custody, delivered as
provided by Title 3, Family Code, or committed to jail, attempt to
serve notice of driver's license suspension by delivering the
notice to the arrested person; <and>
(2) take possession of any driver's license issued by
this state that is held by the person arrested;
(3) issue a temporary driving permit to the person
unless department records show or the officer otherwise determines
that the person does not hold a license or permit to operate a
motor vehicle in this state; and
(4) send to the department not later than the fifth
business day after the date of the arrest:
(A) a copy of the driver's license suspension
notice; <and>
(B) any driver's license taken by the officer;
(C) a copy of any temporary driver's permit
issued under this section; and
(D) a sworn report of information relevant to
the arrest.
(c) The report required under Subsection (b)(4)(D)
<(b)(2)(B)> must:
(1) identify the arrested person;
(2) state the arresting officer's grounds for
believing the person committed the offense; and
(3) give the analysis of the specimen, if any<; and>
<(4) include a copy of the criminal complaint filed in
the case, if any>.
(e) The department shall develop forms <a form> for the
notice of driver's license suspension and the temporary driving
permit to <that shall> be used by all state and local law
enforcement agencies.
(f) A temporary permit issued under this section is valid
for 40 days after the date of issuance. If the person was driving
a commercial motor vehicle, as defined by Section 522.003, a
temporary driving permit that authorizes an individual to drive a
commercial motor vehicle is not effective until 24 hours after the
time of arrest.
SECTION ____. Subsection (a), Section 524.022, Transportation
Code, is amended to read as follows:
(a) A period of suspension under this chapter for an adult
is:
(1) 60 days if the person's driving record shows no
alcohol-related or drug-related enforcement contact during the 10
<five> years preceding the date of the person's arrest; or
(2) six months <120 days if the person's driving
record shows one or more alcohol-related or drug-related
enforcement contacts, as defined by Section 524.001(2)(B) or (C),
during the five years preceding the date of the person's arrest; or>
<(3) 180 days> if the person's driving record shows
one or more alcohol-related or drug-related enforcement contacts<,
as defined by Section 524.001(2)(A),> during the 10 <five> years
preceding the date of the person's arrest.
SECTION ____. Subsection (d), Section 524.032, Transportation
Code, is amended to read as follows:
(d) A request for a hearing stays suspension of a person's
driver's license until the date of the final decision of the
administrative law judge. If the person's driver's license was
taken by a peace officer under Section 524.011(b), the department
shall notify the person of the effect of the request on the
suspension of the person's license before the expiration of the
temporary permit issued to the person, if the person is otherwise
eligible, in a manner that will permit the person to establish to a
peace officer that the person's driver's license is not suspended.
SECTION ____. Subsection (c), Section 524.035, Transportation
Code, is amended to read as follows:
(c) If the administrative law judge does not find in the
affirmative on each issue in Subsection (a), the department shall:
(1) return the person's driver's license to the
person, if the license was taken by a peace officer under Section
524.011(b);
(2) reinstate the person's driver's license; and
(3) <(2)> rescind an order prohibiting the issuance of
a driver's license to the person.
SECTION ____. Section 524.037, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) If the person's driver's license was taken by a peace
officer under Section 524.011(b), the department shall notify the
person of the effect of the continuance on the suspension of the
person's license before the expiration of the temporary permit
issued to the person, if the person is otherwise eligible, in a
manner that will permit the person to establish to a peace officer
that the person's driver's license is not suspended.
SECTION ____. Section 724.015, Transportation Code, is
amended to read as follows:
Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
REQUESTING SPECIMEN. Before requesting a person to submit to the
taking of a specimen, the officer shall inform the person orally
and in writing that:
(1) if the person refuses to submit to the taking of
the specimen, that refusal may be admissible in a subsequent
prosecution and may result in the immediate confiscation of the
person's license and may result in the suspension of the person's
license for six months;
(2) if the person submits <refuses to submit> to the
taking of the specimen and an analysis of the specimen shows that
the person had an alcohol concentration of a level specified by
Chapter 49, Penal Code, the person's license may be immediately
confiscated and the person's license may be suspended for 60 days;
and<, the person's license to operate a motor vehicle will be
automatically suspended, whether or not the person is subsequently
prosecuted as a result of the arrest, for:>
<(A) not less than 90 days if the person is 21
years of age or older; or>
<(B) not less than 120 days if the person is
younger than 21 years of age;>
(3) <if the person is 21 years of age or older and
submits to the taking of a specimen designated by the officer and
an analysis of the specimen shows the person had an alcohol
concentration of a level specified by Chapter 49, Penal Code, the
person's license to operate a motor vehicle will be automatically
suspended for not less than 60 days, whether or not the person is
subsequently prosecuted as a result of the arrest;>
<(4)> if the person is younger than 21 years of age
and has any detectable amount of alcohol in the person's system,
the officer is required to take possession of the person's license
to operate a motor vehicle and the person's license to operate a
motor vehicle will be automatically suspended for not less than 60
days even if the person submits to the taking of the specimen<, but
that if the person submits to the taking of the specimen and an
analysis of the specimen shows that the person had an alcohol
concentration less than the level specified by Chapter 49, Penal
Code, the person may be subject to criminal penalties less severe
than those provided under that chapter;>
<(5) if the officer determines that the person is a
resident without a license to operate a motor vehicle in this
state, the department will deny to the person the issuance of a
license, whether or not the person is subsequently prosecuted as a
result of the arrest, under the same conditions and for the same
periods that would have applied to a revocation of the person's
driver's license if the person had held a driver's license issued
by this state; and>
<(6) the person has a right to a hearing on the
suspension or denial if, not later than the 15th day after the date
on which the person receives the notice of suspension or denial or
on which the person is considered to have received the notice by
mail as provided by law, the department receives, at its
headquarters in Austin, a written demand, including a facsimile
transmission, or a request in another form prescribed by the
department for the hearing>.
SECTION ____. Section 724.032, Transportation Code, is
amended to read as follows:
Sec. 724.032. OFFICER'S DUTIES FOR DRIVER'S LICENSE
<ISSUANCE BY OFFICER OF NOTICE OF> SUSPENSION <OR DENIAL OF
LICENSE>; WRITTEN REFUSAL REPORT. (a) If a person refuses to
submit to the taking of a specimen, whether expressly or because of
an intentional failure of the person to give the specimen, the
peace officer shall:
(1) serve notice of license suspension or denial on
the person; <and>
(2) take possession of any driver's license issued by
this state that is held by the person arrested;
(3) issue a temporary driving permit to the person
unless department records show, or the officer otherwise
determines, that the person does not hold a license or permit to
operate a motor vehicle in this state; and
(4) make a written report of the refusal to the
director of the department.
(b) The director must approve the form of the refusal
report. The report must:
(1) show the grounds for the officer's belief that the
person had been operating a motor vehicle while intoxicated; and
(2) contain a copy of:
(A) the refusal statement requested under
Section 724.031; or
(B) a statement signed by the officer that the
person refused to:
(i) submit to the taking of the requested
specimen; and
(ii) sign the requested statement under
Section 724.031.
(c) The officer shall forward to the department <a copy of
the notice of suspension or denial and the refusal report> not
later than the fifth business day after the date of the arrest:
(1) a copy of the notice of suspension or denial;
(2) any driver's license taken by the officer under
Subsection (a);
(3) a copy of any temporary driver's permit issued
under Subsection (a); and
(4) a copy of the refusal report.
(d) The department shall develop forms for notices of
suspension or denial and temporary driving permits to <that shall>
be used by all state and local law enforcement agencies.
(e) A temporary permit issued under this section is valid
for 40 days after the date of issuance. If the person was driving
a commercial motor vehicle, as defined by Section 522.003, a
temporary driving permit that authorizes an individual to drive a
commercial motor vehicle is not effective until 24 hours after the
time of arrest.
SECTION ____. Section 724.035, Transportation Code, is
amended to read as follows:
Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
person refuses the request of a peace officer to submit to the
taking of a specimen, the department shall:
(1) suspend the person's license to operate a motor
vehicle on a public highway for six months <90 days if the person
is 21 years of age or older or 120 days if the person is younger
than 21 years of age>; or
(2) if the person is a resident without a license,
issue an order denying the issuance of a license to the person for
six months <90 days if the person is 21 years of age or older or
120 days if the person is younger than 21 years of age>.
(b) <The period of suspension or denial is 180 days if the
person is 21 years of age or older or 240 days if the person is
younger than 21 years of age and the person's driving record shows
one or more alcohol-related or drug-related enforcement contacts,
as defined by Section 524.001(3)(B) or (C), during the five years
preceding the date of the person's arrest.>
<(c)> The period of suspension or denial is one year if the
person's driving record shows one or more alcohol-related or
drug-related enforcement contacts, as defined by Section 524.001
<524.001(3)(A)>, during the five years preceding the date of the
person's arrest.
(c) <(d)> A suspension or denial takes effect on the 40th
day after the date on which the person:
(1) receives notice of suspension or denial under
Section 724.032(a); or
(2) is considered to have received notice of
suspension or denial under Section 724.033.
SECTION ____. Subsection (c), Section 724.041,
Transportation Code, is amended to read as follows:
(c) A request for a hearing stays the suspension or denial
until the date of the final decision of the administrative law
judge. If the person's driver's license was taken by a peace
officer under Section 724.032(a), the department shall notify the
person of the effect of the request on the suspension of the
person's license before the expiration of the temporary permit
issued to the person, if the person is otherwise eligible, in a
manner that will permit the person to establish to a peace officer
that the person's driver's license is not suspended.
SECTION ____. Subsection (b), Section 724.043,
Transportation Code, is amended to read as follows:
(b) If the administrative law judge does not find in the
affirmative on each issue under Section 724.042, the department
shall return the person's driver's license to the person, if the
license was taken by a peace officer under Section 724.032(a), and
reinstate the person's license or rescind any order denying the
issuance of a license because of the person's refusal to submit to
the taking of a specimen under Section 724.032(a).
SECTION ____. Subchapter L, Chapter 521, Transportation Code,
is amended by adding Section 521.2425 to read as follows:
Sec. 521.2425. GRANTING OF OCCUPATIONAL LICENSE BY
ADMINISTRATIVE LAW JUDGE. (a) Notwithstanding Sections 521.242,
521.243, and 521.244, a person whose driver's license suspension is
sustained at the conclusion of a hearing under Chapter 524 or 724
is entitled to apply for the issuance of an occupational license by
filing a written request for the issuance of the license with the
administrative law judge before the conclusion of the hearing.
(b) If the person's driving records shows no alcohol-related
or drug-related enforcement contacts, as defined by Section
524.001, during the five years preceding the date of the person's
arrest, the administrative law judge shall grant the request.
(c) The administrative law judge may require as a condition
of granting a request for the issuance of an occupational license
under this section that the person attend a counseling and
rehabilitation program as described by Section 521.245.
(d) Sections 521.248 through 521.253 apply to an
occupational license issued under this section.
(e) This section does not prohibit a person from applying
for an occupational license under another provision of this
subchapter.
SECTION ____. Section 521.251, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) Notwithstanding Section 521.421, the fee for an
occupational license issued by the department is $125 for an
occupational license issued to a person whose driver's license was
suspended under Chapter 524 or 724, or as a result of a conviction
under Chapter 49, Penal Code.
(2) In SECTION 10(b) of the bill, between "made by this Act"
and "applies only to" (Senate Committee Printing, page 2, line 34),
insert "relating to providing notice of a driver's license
suspension by mail".
(3) In SECTION 10 of the bill, at the end of Subsection (b)
(Senate Committee Printing, page 2, between lines 38 and 39),
insert the following:
(c) The change in law made by this Act relating to requiring
a peace officer to take possession of a person's driver's license
and to the suspension of that license applies only to a person
arrested for an offense committed on or after the effective date of
this Act. A person arrested for an offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
(4) Renumber the existing SECTIONS of the bill
accordingly.