By Smith H.B. No. 2327
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to administrative license suspension for driving while
1-3 intoxicated and/or refusal to submit to the taking of a blood,
1-4 breath, urine, or other bodily substance specimen for analysis to
1-5 determine intoxication.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 524.011(b)(1) and (2) of the
1-8 Transportation Code is amended to read as follows:
1-9 (b) A peace officer shall:
1-10 (1) serve or, if a specimen is taken and the analysis
1-11 of the specimen is not returned to the arresting officer before the
1-12 person is admitted to bail, released from custody, delivered as
1-13 provided by Title 3, Family Code, or committed to jail, attempt to
1-14 serve notice of driver's license suspension by delivering the
1-15 notice to the arrested person; [and]
1-16 (2) take possession of any driver's license issued by
1-17 this state and held by the person arrested. The officer shall
1-18 issue a temporary driving permit to the person. The temporary
1-19 permit is valid for 40 days after the date of issuance. If,
1-20 however, department records show that the driver's license is in a
1-21 state of suspension or revocation or if the officer determines that
2-1 the person is a resident without a license or permit to operate a
2-2 motor vehicle in this state, a temporary driving permit authorized
2-3 by this subsection may not be issued. If the arrested person is
2-4 not a resident of this state and possesses a valid driver's license
2-5 issued by another jurisdiction, the officer shall serve notice of
2-6 suspension of the person's privilege to operate a motor vehicle in
2-7 this state, but the officer may not take possession of the arrested
2-8 person's driver's license. If the person was driving a commercial
2-9 motor vehicle as defined in Section 5, Texas Commercial Driver's
2-10 License Act (Article 6687b-2, Revised Statutes), a temporary
2-11 driving permit that authorizes an individual to drive a commercial
2-12 motor vehicle is not effective until 24 hours after the arrest.
2-13 [(2)] (3) send to the department not later than the
2-14 fifth business day after the date of the arrest:
2-15 (A) a copy of the driver's license suspension
2-16 notice,[;]
2-17 (B) a copy of the temporary driver's permit,
2-18 (C) the driver's license taken by the officer,
2-19 and
2-20 [(B)] (D) a sworn report of information relevant
2-21 to the arrest.
2-22 SECTION 2. Section 524.011(c), Transportation Code, is
2-23 amended to read as follows:
2-24 (c) The report required under Subsection (b)(2)(D) must:
2-25 (1) identify the arrested person;
3-1 (2) state the arresting officer's grounds for
3-2 believing the person committed the offense;
3-3 (3) give the analysis of the specimen, if any. [;and]
3-4 [(4) include a copy of the criminal complaint filed in
3-5 the case, if any.]
3-6 SECTION 3. Section 524.021(a), Transportation Code, is
3-7 hereby amended to read as follows:
3-8 (a) A driver's license suspension under this chapter [takes
3-9 effect] occurs on the 40th day after the date the person:
3-10 (1) receives a notice of suspension under Section
3-11 524.011; or
3-12 (2) is presumed to have received notice of suspension
3-13 under Section 523.013.
3-14 SECTION 4. Section 524.022(a), Transportation Code, is
3-15 amended to read as follows:
3-16 (a) A period of suspension under this chapter for an adult
3-17 is:
3-18 (1) 60 days if the person's driving record shows no
3-19 alcohol-related or drug-related enforcement contact during the
3-20 [five] ten years preceding the date of the person's arrest; or
3-21 (2) [120 days if the person's driving record shows one
3-22 or more alcohol-related or drug-related enforcement contacts, as
3-23 defined by Section 524.001(2)(B) or (C), during the five years
3-24 preceding the date of the person's arrest; or]
3-25 [(3) 180 days] One year if the person's driving record
4-1 shows one or more alcohol-related or drug-related enforcement
4-2 contacts[; as defined by Section 524.001(2)(A).] during the [five]
4-3 ten years preceding the date of the person's arrest.
4-4 SECTION 5. Section 724.015, Transportation Code, is amended
4-5 to read as follows:
4-6 Sec. 724.015. Information Provided by Officer Before
4-7 Requesting Specimen. (a) Before requesting a person to submit to
4-8 the taking of a specimen, the officer shall inform the person
4-9 orally and in writing that:
4-10 (1) if the person refuses to submit to the taking of
4-11 the specimen, that refusal may be admissible in a subsequent
4-12 prosecution;
4-13 (2) if the person refuses to submit to the taking of
4-14 the specimen, the person's license to operate a motor vehicle will
4-15 be automatically suspended or denied issuance if the person is a
4-16 resident without a license to operate a motor vehicle in this
4-17 state, for not less than one year, whether or not the person is
4-18 subsequently prosecuted as a result of the arrest; [for:]
4-19 [(A) not less than 90 days if the person is 21
4-20 years or older; or]
4-21 [(B) not less than 120 days if the person is
4-22 younger than 21 years of age;]
4-23 (3) if the person is 21 years or older and submits to
4-24 the taking of a specimen designated by the officer and an analysis
4-25 of the specimen shows the person had an alcohol concentration of a
5-1 level specified by Chapter 49, Penal Code, the person's license to
5-2 operate a motor vehicle will be automatically suspended for not
5-3 less than 60 days, whether or not the person is subsequently
5-4 prosecuted as a result of the arrest;
5-5 (4) if the person is younger than 21 years of age and
5-6 has any detectable amount of alcohol in the person's system, the
5-7 person's license to operate a motor vehicle will be automatically
5-8 suspended for not less than 60 days even if the person submits to a
5-9 taking of a specimen, but that if the person submits to the taking
5-10 of a specimen and an analysis of the specimen shows that the person
5-11 had an alcohol concentration less than the level specified by
5-12 Chapter 49, Penal Code, the person may be subject to criminal
5-13 penalties less severe than those provided under that chapter;
5-14 (5) if the person refuses to submit to the taking of a
5-15 specimen, the person's license to operate a motor vehicle will be
5-16 automatically suspended or denied issuance if the person is a
5-17 resident without a license to operate a motor vehicle in this
5-18 state, for not less than 2 years if the person has previously been
5-19 convicted or refused to provide a specimen following an arrest
5-20 under Chapter 49, Penal Code, whether or not the person is
5-21 subsequently prosecuted as a result of the arrest; and [if the
5-22 officer determined that the person is a resident without a license
5-23 to operate a motor vehicle in this state, the department will deny
5-24 to the person the issuance of a license, whether or not the person
5-25 is subsequently prosecuted as a result of the arrest, under the
6-1 same conditions and for the same periods that would have applied to
6-2 a revocation or the person's driver's license if the person has
6-3 held a driver's license issued by this state; and]
6-4 (6) the person has a right to a hearing on the
6-5 suspension or denial if, not later than the 15th day after the date
6-6 on which the person receives the notice of suspension or denial or
6-7 on which the person is considered to have received the notice by
6-8 mail as provided by law, the department receives, at its
6-9 headquarters in Austin, a written demand, including a facsimile
6-10 transmission, or a request in another form prescribed by the
6-11 department for the hearing.
6-12 (b) Evidence of a person's refusal to submit to the taking
6-13 of a specimen or of the analysis of the specimen is admissible in
6-14 court or a hearing under this chapter if the arresting officer
6-15 explained the information required by this section or provided
6-16 additional information about the consequences or a person's refusal
6-17 or submittal in a manner that is not coercive, misleading, and
6-18 substantially complies with this section.
6-19 SECTION 6. Section 724.032, Transportation Code is hereby
6-20 amended to read as follows:
6-21 (a) If a person refuses to submit to the taking of a
6-22 specimen, whether expressly or because of an intentional failure of
6-23 the person to give the specimen, the peace officer shall:
6-24 (1) serve notice of license suspension or denial on
6-25 the person; [and]
7-1 (2) take possession of any driver's license issued by
7-2 this state and held by the person arrested. The officer shall
7-3 issue a temporary driving permit to the person. The temporary
7-4 permit is valid for 40 days after the date of issuance. If,
7-5 however, department records show that the driver's license is in a
7-6 state of suspension or revocation or if the officer determines that
7-7 the person is a resident without a license or permit to operate a
7-8 motor vehicle in this state, a temporary driving permit authorized
7-9 by this subsection may not be issued. If the arrested person is
7-10 not a resident of this state and possesses a valid driver's license
7-11 issued by another jurisdiction, the officer shall serve notice of
7-12 suspension of the person's privilege to operate a motor vehicle in
7-13 this state, but the officer may not take possession of the arrested
7-14 person's driver's license. If the person was driving a commercial
7-15 motor vehicle as defined in Section 5, Texas Commercial Driver's
7-16 License Act (Article 6687b-2, Revised Statutes), a temporary
7-17 driving permit that authorizes an individual to drive a commercial
7-18 motor vehicle is not effective until 24 hours after the arrest.
7-19 (3) make a written report of the refusal to the
7-20 director of the department.
7-21 (b) The director must approve the form of the refusal
7-22 report. The report must:
7-23 (1) show the grounds for the officer's belief that the
7-24 person had been operating a motor vehicle while intoxicated; [and]
7-25 (2) contain a copy of:
8-1 (A) the refusal statement requested under
8-2 Section 724.031; or
8-3 (B) a statement signed by the officer that the
8-4 person refused to:
8-5 (i) submit to the taking of the requested
8-6 specimen; and
8-7 (ii) sign the requested statement under
8-8 Section 724.031.
8-9 (3) contain a copy of the temporary driver's permit;
8-10 and
8-11 (4) contain the driver's license taken by the officer.
8-12 (c) The officer shall forward to the department a copy of
8-13 the notice of suspension or denial, [and] the refusal report, a
8-14 copy of the driver's permit, and the driver's license taken by the
8-15 officer not later than the fifth business day after the date of the
8-16 arrest.
8-17 (d) The department shall develop forms for notices of
8-18 suspension or denial and temporary driving permits that shall be
8-19 used by all state and local law enforcement agencies.
8-20 SECTION 7. SECTION 724.035, Transportation Code, is amended
8-21 to read as follows:
8-22 Sec. 724.035. Suspension or Denial of License. (a) If a
8-23 person refuses the request of a peace officer to submit to the
8-24 taking of a specimen, the department shall:
8-25 (1) suspend the person's license to operate a motor
9-1 vehicle on a public highway for one year [90 days if the person is
9-2 21 years of age or older or 120 days if the person is younger than
9-3 21 years of age; or]
9-4 (2) if the person is a resident without a license,
9-5 issue an order denying the issuance of a license to the person for
9-6 one year [90 days if the person is 21 years of age or older or 120
9-7 days if the person is younger than 21 years of age]; or
9-8 (3) [(b)] suspend or deny the issuance of a person's
9-9 license to operate a motor vehicle on a public highway for two
9-10 years [The period of suspension or denial is 180 days if the person
9-11 is 21 years of age or older or 240 days if the person is younger
9-12 than 21 years of age and] if the person's driving record shows one
9-13 or more previous alcohol-related or drug-related enforcement
9-14 contacts, as defined by Section 524.001(3)[(B) or (C), during the
9-15 five years preceding the date of the person's arrest.]
9-16 [(c) The period of suspension or denial is one year if the
9-17 person's driving record shows one or more alcohol-related or
9-18 drug-related enforcement contacts, as defined by Section
9-19 524.001(3)(A), during the five years preceding the date of the
9-20 person's arrest.]
9-21 (b) [(d)] A suspension or denial [takes effect] occurs on
9-22 the 40th day after the date on which the person:
9-23 (1) received notice of suspension or denial under
9-24 Section 724.032(a); or
9-25 (2) is considered to have received notice of
10-1 suspension or denial under Section 724.033.
10-2 SECTION 8. The change in law made by this Act applies only
10-3 to an offense committed on or after the effective date of this Act,
10-4 and to the admissibility of evidence regarding a person arrested on
10-5 or after that date. A person arrested before the effective date of
10-6 this Act is covered by the law in effect when the person was
10-7 arrested, and the former law is continued in effect for that
10-8 purpose.
10-9 SECTION 9. This Act takes effect September 1, 1999.
10-10 SECTION 10. The importance of this legislation and the
10-11 crowded condition of the calendars in both houses create an
10-12 emergency and an imperative public necessity that the
10-13 constitutional rule requiring bills to be read on three several
10-14 days in each house be suspended, and this rule is hereby suspended.