HBA-RBT S.B. 1774 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1774 By: Zaffirini Criminal Jurisprudence 5/13/1999 Engrossed BACKGROUND AND PURPOSE The percentage of persons arrested for driving while intoxicated in Texas who refuse to take a breath test is significantly higher than the national average. Some people feel that lengthening the driver's license suspension period and confiscating driver's licenses immediately for breath test refusal would encourage more suspects to take breath tests. S.B. 1774 lengthens the driver's license suspension period for breath test refusal, increases the suspension period for those who are repeat offenders and fail the breath test, and authorizes arresting officers to confiscate a driver's license at the time of arrest for breath test failure or refusal. This bill sets forth procedures for the suspension of a person's driver's license following the person's arrest for certain intoxication offenses. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 524.011, Transportation Code, by amending Subsections (b), (c), and (e) and adding Subsection (f), to require a peace officer to take possession of any driver's license issued by this state held by a person arrested, issue to the person a temporary driving permit unless Department of Public Safety (DPS) records show or the officer determines that the person does not hold a license or permit to operate a vehicle in this state, and send any driver's license taken by the officer and a copy of any temporary permit issued to DPS. Deletes text which required the officer to forward a copy of the criminal complaint to DPS. Requires DPS to develop forms for the notice of driver's license suspension and the temporary driving permit to be used by certain law enforcement agencies. Provides that a temporary permit is valid for 40 days after the date of issuance. Provides that a temporary drivers permit that authorizes an individual to drive a commercial vehicle is not effective until 24 hours after the arrest. SECTION 2. Amends Subsection (a), Section 524.022, Transportation Code, to provide that the period of suspension for an adult is 60 days if a person fails an intoxication test and the person has no alcohol or drug related enforcement contacts in the preceding 10 years, rather than five years, and the period of suspension is one year if the person fails an intoxication test and the person's driving record shows one or more alcohol or drug related contacts during the preceding 10 years, rather than five years. Deletes a provision regarding a suspension period of 120 days. Makes conforming changes. SECTION 3. Amends Subsection (d), Section 524.032, Transportation Code, to require DPS to notify the person whose license was taken under Section 524.011(b) of the effect of the hearing request on the suspension of the person's license before the expiration of the temporary permit issued, 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 4. Amends Subsection (c), Section 524.035, Transportation Code, to require DPS to return the person's driver's license taken under Section 524.011(b), if an administrative law judge does not find in the affirmative on certain issues. Makes conforming changes. SECTION 5. Amends Section 524.037, Transportation Code, by adding Subsection (c), to require DPS to notify the person whose license was taken under Section 524.011(b) of the effect of the continuance on the suspension of the person's license before the expiration of the temporary permit issued, 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 6. Amends Section 724.015, Transportation Code, to require an officer before requesting a specimen to inform a person that refusal to submit to the taking of the specimen may result in the immediate confiscation of the person's license and may result in the suspension of the person's license for one year, and that if the person submits to the test and fails the test, the person's license may be immediately confiscated and the person's license may be suspended for 60 days. Provides that if the person is younger than 21, the officer is required to take possession of the person's driver's license if the person has any detectable amount of alcohol in the person's system. Authorizes an officer, upon request, to explain the information required by this section or provide additional information about the consequences of the person's submitting or refusing to submit to the taking of the specimen. Provides that evidence of a person's refusal to submit to the taking of a specimen or of the analysis of the specimen is admissible if the officer substantially complies with this section. Deletes text regarding suspension periods, refusals, issuance of licenses, and hearings. Makes conforming changes. SECTION 7. Amends Section 724.032, Transportation Code, as follows: Sec. 724.032. New heading: OFFICER'S DUTIES FOR DRIVER'S LICENSE SUSPENSION; WRITTEN REFUSAL REPORT. Requires a peace officer, if the arrested person refuses to submit to the taking of a specimen, to take possession of any driver's license issued by this state that is held by the person arrested and 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. Requires the officer to forward to DPS a copy of the notice of suspension or denial, any driver's license taken by the officer, a copy of any temporary driver's permit issued, and a copy of the refusal report. Provides that a temporary permit is valid for 40 days after the date of issuance. Provides that a temporary drivers permit that authorizes an individual to drive a commercial vehicle is not effective until 24 hours after the arrest. Makes conforming changes. SECTION 8. Amends Section 724.035, Transportation Code, to require DPS to suspend a person's license for one year, or issue an order denying the issuance of a license to a person without a license for one year, if the person refuses to submit to the taking of a specimen. Deletes text to make conforming changes. SECTION 9. Amends Section 724.041(c), Transportation Code, to require DPS to notify the person whose license was taken under Section 724.032(a) of the effect of the request on the suspension of the person's license before the expiration of the temporary permit issued, 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 10. Amends Section 724.043(b), Transportation Code, to require DPS to return the person's driver's license taken under Section 724.032(a), if an administrative law judge does not find in the affirmative on certain issues. Makes a conforming change. SECTION 11. Amends Section 521.251, Transportation Code, by adding Subsection (e) to require the fee for an occupational license to be $125 for any occupational license issued to a person whose driver's license is currently under suspension as a result of certain alcohol or drug related enforcement contacts. SECTION 12. Makes application of this Act prospective. SECTION 13. Effective date: September 1, 1999. SECTION 14. Emergency clause.