By Wolens H.B. No. 2658
76R5301 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of a person's driver's license following
1-3 the person's arrest for certain intoxication offenses and to
1-4 certain procedures related to that suspension.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 524.011, Transportation Code, is amended
1-7 by amending Subsections (b) and (e) and adding Subsection (f) to
1-8 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;
1-18 (3) issue a temporary driving permit to the person
1-19 unless department records show or the officer otherwise determines
1-20 that the person does not hold a license or permit to operate a
1-21 motor vehicle in this state; and
1-22 (4) send to the department not later than the fifth
1-23 business day after the date of the arrest:
1-24 (A) a copy of the driver's license suspension
2-1 notice; [and]
2-2 (B) any driver's license taken by the officer
2-3 under Subsection (b);
2-4 (C) a copy of any temporary driver's permit
2-5 issued under Subsection (b); and
2-6 (D) a sworn report of information relevant to
2-7 the arrest.
2-8 (e) The department shall develop forms [a form] for the
2-9 notice of driver's license suspension and the temporary driving
2-10 permit to [that shall] be used by all state and local law
2-11 enforcement agencies.
2-12 (f) A temporary permit issued under this section is valid
2-13 for 40 days after the date of issuance. If the person was driving
2-14 a commercial motor vehicle, as defined by Section 522.003, a
2-15 temporary driving permit that authorizes an individual to drive a
2-16 commercial motor vehicle is not effective until 24 hours after the
2-17 time of arrest.
2-18 SECTION 2. Section 524.022(a), Transportation Code, is
2-19 amended to read as follows:
2-20 (a) A period of suspension under this chapter for an adult
2-21 is:
2-22 (1) 90 [60] days if the person's driving record shows
2-23 no alcohol-related or drug-related enforcement contact during the
2-24 10 [five] years preceding the date of the person's arrest;
2-25 [(2) 120 days if the person's driving record shows one
2-26 or more alcohol-related or drug-related enforcement contacts, as
2-27 defined by Section 524.001(2)(B) or (C), during the five years
3-1 preceding the date of the person's arrest;] or
3-2 (2) one year [(3) 180 days] if the person's driving
3-3 record shows one or more alcohol-related or drug-related
3-4 enforcement contacts[, as defined by Section 524.001(2)(A),] during
3-5 the 10 [five] years preceding the date of the person's arrest.
3-6 SECTION 3. Section 524.032(d), Transportation Code, is
3-7 amended to read as follows:
3-8 (d) A request for a hearing stays suspension of a person's
3-9 driver's license until the date of the final decision of the
3-10 administrative law judge. If the person's driver's license was
3-11 taken by a peace officer under Section 524.011(b), the department
3-12 shall notify the person of the effect of the request on the
3-13 suspension of the person's license before the expiration of the
3-14 temporary permit issued to the person, if the person is otherwise
3-15 eligible, in a manner that will permit the person to establish to a
3-16 peace officer that the person's driver's license is not suspended.
3-17 SECTION 4. Section 524.035(c), Transportation Code, is
3-18 amended to read as follows:
3-19 (c) If the administrative law judge does not find in the
3-20 affirmative on each issue in Subsection (a), the department shall:
3-21 (1) return the person's driver's license to the
3-22 person, if the license was taken by a peace officer under Section
3-23 524.011(b);
3-24 (2) reinstate the person's driver's license; and
3-25 (3) [(2)] rescind an order prohibiting the issuance of
3-26 a driver's license to the person.
3-27 SECTION 5. Section 524.037, Transportation Code, is amended
4-1 by adding Subsection (c) to read as follows:
4-2 (c) If the person's driver's license was taken by a peace
4-3 officer under Section 524.011(b), the department shall notify the
4-4 person of the effect of the continuance on the suspension of the
4-5 person's license before the expiration of the temporary permit
4-6 issued to the person, if the person is otherwise eligible, in a
4-7 manner that will permit the person to establish to a peace officer
4-8 that the person's driver's license is not suspended.
4-9 SECTION 6. Section 724.015, Transportation Code, is amended
4-10 to read as follows:
4-11 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
4-12 REQUESTING SPECIMEN. Before requesting a person to submit to the
4-13 taking of a specimen, the officer shall inform the person orally
4-14 and in writing that:
4-15 (1) if the person refuses to submit to the taking of
4-16 the specimen, that refusal may be admissible in a subsequent
4-17 prosecution;
4-18 (2) if the person refuses to submit to the taking of
4-19 the specimen, the person's license to operate a motor vehicle will
4-20 be automatically suspended, whether or not the person is
4-21 subsequently prosecuted as a result of the arrest, for[:]
4-22 [(A)] not less than 180 [90] days [if the person
4-23 is 21 years of age or older; or]
4-24 [(B) not less than 120 days if the person is
4-25 younger than 21 years of age];
4-26 (3) if the person is 21 years of age or older and
4-27 submits to the taking of a specimen designated by the officer and
5-1 an analysis of the specimen shows the person had an alcohol
5-2 concentration of a level specified by Chapter 49, Penal Code, the
5-3 person's license to operate a motor vehicle will be automatically
5-4 suspended for not less than 90 [60] days, whether or not the person
5-5 is subsequently prosecuted as a result of the arrest;
5-6 (4) if the person is younger than 21 years of age and
5-7 has any detectable amount of alcohol in the person's system, the
5-8 person's license to operate a motor vehicle will be automatically
5-9 suspended for not less than 60 days even if the person submits to
5-10 the taking of the specimen, but that if the person submits to the
5-11 taking of the specimen and an analysis of the specimen shows that
5-12 the person had an alcohol concentration less than the level
5-13 specified by Chapter 49, Penal Code, the person may be subject to
5-14 criminal penalties less severe than those provided under that
5-15 chapter;
5-16 (5) if the officer determines that the person is a
5-17 resident without a license to operate a motor vehicle in this
5-18 state, the department will deny to the person the issuance of a
5-19 license, whether or not the person is subsequently prosecuted as a
5-20 result of the arrest, under the same conditions and for the same
5-21 periods that would have applied to a revocation of the person's
5-22 driver's license if the person had held a driver's license issued
5-23 by this state; and
5-24 (6) the person has a right to a hearing on the
5-25 suspension or denial if, not later than the 15th day after the date
5-26 on which the person receives the notice of suspension or denial or
5-27 on which the person is considered to have received the notice by
6-1 mail as provided by law, the department receives, at its
6-2 headquarters in Austin, a written demand, including a facsimile
6-3 transmission, or a request in another form prescribed by the
6-4 department for the hearing.
6-5 SECTION 7. Section 724.032, Transportation Code, is amended
6-6 to read as follows:
6-7 Sec. 724.032. OFFICER'S DUTIES FOR DRIVER'S LICENSE
6-8 [ISSUANCE BY OFFICER OF NOTICE OF] SUSPENSION [OR DENIAL OF
6-9 LICENSE]; WRITTEN REFUSAL REPORT. (a) If a person refuses to
6-10 submit to the taking of a specimen, whether expressly or because of
6-11 an intentional failure of the person to give the specimen, the
6-12 peace officer shall:
6-13 (1) serve notice of license suspension or denial on
6-14 the person; [and]
6-15 (2) take possession of any driver's license issued by
6-16 this state and held by the person arrested;
6-17 (3) issue a temporary driving permit to the person
6-18 unless department records show or the officer otherwise determines
6-19 that the person does not hold a license or permit to operate a
6-20 motor vehicle in this state; and
6-21 (4) make a written report of the refusal to the
6-22 director of the department.
6-23 (b) The director must approve the form of the refusal
6-24 report. The report must:
6-25 (1) show the grounds for the officer's belief that the
6-26 person had been operating a motor vehicle while intoxicated; and
6-27 (2) contain a copy of:
7-1 (A) the refusal statement requested under
7-2 Section 724.031; or
7-3 (B) a statement signed by the officer that the
7-4 person refused to:
7-5 (i) submit to the taking of the requested
7-6 specimen; and
7-7 (ii) sign the requested statement under
7-8 Section 724.031.
7-9 (c) The officer shall forward to the department [a copy of
7-10 the notice of suspension or denial and the refusal report] not
7-11 later than the fifth business day after the date of the arrest:
7-12 (1) a copy of the notice of suspension or denial;
7-13 (2) any driver's license taken by the officer under
7-14 Subsection (a);
7-15 (3) a copy of any temporary driver's permit issued
7-16 under Subsection (a); and
7-17 (4) a copy of the refusal report.
7-18 (d) The department shall develop forms for notices of
7-19 suspension or denial and temporary driving permits to [that shall]
7-20 be used by all state and local law enforcement agencies.
7-21 (e) A temporary permit issued under this section is valid
7-22 for 40 days after the date of issuance. If the person was driving
7-23 a commercial motor vehicle, as defined by Section 522.003, a
7-24 temporary driving permit that authorizes an individual to drive a
7-25 commercial motor vehicle is not effective until 24 hours after the
7-26 time of arrest.
7-27 SECTION 8. Section 724.035, Transportation Code, is amended
8-1 to read as follows:
8-2 Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
8-3 person refuses the request of a peace officer to submit to the
8-4 taking of a specimen, the department shall:
8-5 (1) suspend the person's license to operate a motor
8-6 vehicle on a public highway for 180 [90] days [if the person is 21
8-7 years of age or older or 120 days if the person is younger than 21
8-8 years of age]; or
8-9 (2) if the person is a resident without a license,
8-10 issue an order denying the issuance of a license to the person for
8-11 180 [90] days [if the person is 21 years of age or older or 120
8-12 days if the person is younger than 21 years of age].
8-13 (b) The period of suspension or denial is two years [180
8-14 days] if [the person is 21 years of age or older or 240 days if the
8-15 person is younger than 21 years of age and] the person's driving
8-16 record shows one or more alcohol-related or drug-related
8-17 enforcement contacts, as defined by Section 524.001(3)[(B) or (C)],
8-18 during the 10 [five] years preceding the date of the person's
8-19 arrest.
8-20 (c) [The period of suspension or denial is one year if the
8-21 person's driving record shows one or more alcohol-related or
8-22 drug-related enforcement contacts, as defined by Section
8-23 524.001(3)(A), during the five years preceding the date of the
8-24 person's arrest.]
8-25 [(d)] A suspension or denial takes effect on the 40th day
8-26 after the date on which the person:
8-27 (1) receives notice of suspension or denial under
9-1 Section 724.032(a); or
9-2 (2) is considered to have received notice of
9-3 suspension or denial under Section 724.033.
9-4 SECTION 9. Section 724.041(c), Transportation Code, is
9-5 amended to read as follows:
9-6 (c) A request for a hearing stays the suspension or denial
9-7 until the date of the final decision of the administrative law
9-8 judge. If the person's driver's license was taken by a peace
9-9 officer under Section 724.032(a), the department shall notify the
9-10 person of the effect of the request on the suspension of the
9-11 person's license before the expiration of the temporary permit
9-12 issued to the person, if the person is otherwise eligible, in a
9-13 manner that will permit the person to establish to a peace officer
9-14 that the person's driver's license is not suspended.
9-15 SECTION 10. Section 724.043(b), Transportation Code, is
9-16 amended to read as follows:
9-17 (b) If the administrative law judge does not find in the
9-18 affirmative on each issue under Section 724.042, the department
9-19 shall return the person's driver's license to the person, if the
9-20 license was taken by a peace officer under Section 724.032(a), and
9-21 reinstate the person's license or rescind any order denying the
9-22 issuance of a license because of the person's refusal to submit to
9-23 the taking of a specimen under Section 724.032(a).
9-24 SECTION 11. The change in law made by this Act applies only
9-25 to a person arrested for an offense committed on or after the
9-26 effective date of this Act. A person arrested for an offense
9-27 committed before the effective date of this Act is covered by the
10-1 law in effect when the offense was committed, and the former law is
10-2 continued in effect for that purpose. For purposes of this
10-3 section, an offense was committed before the effective date of this
10-4 Act if any element of the offense occurred before that date.
10-5 SECTION 12. This Act takes effect September 1, 1999.
10-6 SECTION 13. The importance of this legislation and the
10-7 crowded condition of the calendars in both houses create an
10-8 emergency and an imperative public necessity that the
10-9 constitutional rule requiring bills to be read on three several
10-10 days in each house be suspended, and this rule is hereby suspended.