By Hilbert                                            H.B. No. 3615
         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 the criminal consequences of the refusal to consent to
 1-3     the taking of a blood or breath specimen by a person who as the
 1-4     operator of a motor vehicle or watercraft is involved in a serious
 1-5     accident and is subsequently arrested for operating a motor vehicle
 1-6     or watercraft while intoxicated.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1.  Subchapter B, Chapter 724, Transportation Code,
 1-9     is amended by adding Section 724.0135 to read as follows:
1-10           Sec. 724.0135.  REFUSAL TO SUBMIT TO TAKING OF SPECIMEN;
1-11     PENALTY.  (a)  This section applies only to a person who:
1-12                 (1)  as the operator of motor vehicle or watercraft is
1-13     involved in a motor vehicle or watercraft accident resulting in the
1-14     serious bodily injury or death of a person; and
1-15                 (2)  is subsequently arrested for an offense specified
1-16     by Section 724.011 in connection with the accident.
1-17           (b)  A person who refuses to submit to the taking of a
1-18     specimen designated by a peace officer under Section 724.012
1-19     commits an offense.
1-20           (c)  An offense under this section is a Class B misdemeanor.
1-21           (d)  The prosecution or conviction of a person under this
 2-1     section:
 2-2                 (1)  is independent of and not an estoppel as to any
 2-3     matter in issue in an administrative proceeding under this code
 2-4     arising from the occurrence that is the basis for the prosecution
 2-5     or conviction; and
 2-6                 (2)  does not preclude litigation of the same or
 2-7     similar facts in the administrative proceeding.
 2-8           SECTION 2.  Section 724.015, Transportation Code, is amended
 2-9     to read as follows:
2-10           Sec. 724.015.  INFORMATION PROVIDED BY OFFICER BEFORE
2-11     REQUESTING SPECIMEN.  Before requesting a person to submit to the
2-12     taking of a specimen, the officer shall inform the person orally
2-13     and in writing that:
2-14                 (1)  if the person refuses to submit to the taking of
2-15     the specimen, that refusal may be admissible in a subsequent
2-16     prosecution;
2-17                 (2)  if the person refuses to submit to the taking of
2-18     the specimen, the person's license to operate a motor vehicle will
2-19     be automatically suspended, whether or not the person is
2-20     subsequently prosecuted as a result of the arrest, for:
2-21                       (A)  not less than 90 days if the person is 21
2-22     years of age or older; or
2-23                       (B)  not less than 120 days if the person is
2-24     younger than 21 years of age;
2-25                 (3)  if the person is 21 years of age or older and
 3-1     submits to the taking of a specimen designated by the officer and
 3-2     an analysis of the specimen shows the person had an alcohol
 3-3     concentration of a level specified by Chapter 49, Penal Code, the
 3-4     person's license to operate a motor vehicle will be automatically
 3-5     suspended for not less than 60 days, whether or not the person is
 3-6     subsequently prosecuted as a result of the arrest;
 3-7                 (4)  if the person is younger than 21 years of age and
 3-8     has any detectable amount of alcohol in the person's system, the
 3-9     person's license to operate a motor vehicle will be automatically
3-10     suspended for not less than 60 days even if the person submits to
3-11     the taking of the specimen, but that if the person submits to the
3-12     taking of the specimen and an analysis of the specimen shows that
3-13     the person had an alcohol concentration less than the level
3-14     specified by Chapter 49, Penal Code, the person may be subject to
3-15     criminal penalties less severe than those provided under that
3-16     chapter;
3-17                 (5)  if the officer determines that the person is a
3-18     resident without a license to operate a motor vehicle in this
3-19     state, the department will deny to the person the issuance of a
3-20     license, whether or not the person is subsequently prosecuted as a
3-21     result of the arrest, under the same conditions and for the same
3-22     periods that would have applied to a revocation of the person's
3-23     driver's license if the person had held a driver's license issued
3-24     by this state; [and]
3-25                 (6)  the person has a right to a hearing on the
 4-1     suspension or denial if, not later than the 15th day after the date
 4-2     on which the person receives the notice of suspension or denial or
 4-3     on which the person is considered to have received the notice by
 4-4     mail as provided by law, the department receives, at its
 4-5     headquarters in Austin, a written demand, including a facsimile
 4-6     transmission, or a request in another form prescribed by the
 4-7     department for the hearing; and
 4-8                 (7)  if the person, as the operator of a motor vehicle
 4-9     or watercraft was involved in a motor vehicle or watercraft
4-10     accident resulting in the serious bodily injury or death of any
4-11     person, that refusal to submit to the taking of the specimen is a
4-12     Class B misdemeanor.
4-13           SECTION 3.  (a)  This Act takes effect September 1, 1999.
4-14           (b)  The changes in law made by this Act apply only to a
4-15     person arrested for an offense described by Section 724.011,
4-16     Transportation Code, on or after September 1, 1999.
4-17           SECTION 4.  The importance of this legislation and the
4-18     crowded condition of the calendars in both houses create an
4-19     emergency and an imperative public necessity that the
4-20     constitutional rule requiring bills to be read on three several
4-21     days in each house be suspended, and this rule is hereby suspended.