By Lucio                                               S.B. No. 388
         76R3706 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the criminal consequences of driving while intoxicated
 1-3     and to the civil consequences of failure to submit to the taking of
 1-4     a blood, breath, or urine specimen for analysis to determine
 1-5     intoxication.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 49.04, Penal Code, is amended by amending
 1-8     Subsection (b) and adding Subsection (d) to read as follows:
 1-9           (b)  Except as provided by Subsections [Subsection] (c) and
1-10     (d) and by Section 49.09, an offense under this section is a Class
1-11     B misdemeanor, with a minimum term of confinement of 72 hours.
1-12           (d)  An offense under this section is a Class B misdemeanor,
1-13     with a minimum term of confinement of five days, if the defendant:
1-14                 (1)  was arrested for an offense described by Section
1-15     724.011(a), Transportation Code;
1-16                 (2)  was subsequently requested by a peace officer to
1-17     submit to the taking of one or more specimens of the defendant's
1-18     breath or blood for analysis to determine the alcohol concentration
1-19     or the presence in the defendant's body of a controlled substance,
1-20     drug, dangerous drug, or other substance; and
1-21                 (3)  refused to submit to the taking of the specimen
1-22     designated by the peace officer.
1-23           SECTION 2.  Section 724.015, Transportation Code, is amended
1-24     to read as follows:
 2-1           Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
 2-2     REQUESTING SPECIMEN.  Before requesting a person to submit to the
 2-3     taking of a specimen, the officer shall inform the person orally
 2-4     and in writing that:
 2-5                 (1)  if the person refuses to submit to the taking of
 2-6     the specimen, that refusal may be admissible in a subsequent
 2-7     prosecution;
 2-8                 (2)  if the person refuses to submit to the taking of
 2-9     the specimen, the person's license to operate a motor vehicle will
2-10     be automatically suspended, whether or not the person is
2-11     subsequently prosecuted as a result of the arrest, for[:]
2-12                       [(A)] not less than one year [90 days if the
2-13     person is 21 years of age or older; or]
2-14                       [(B)  not less than 120 days if the person is
2-15     younger than 21 years of age];
2-16                 (3)  if the person is 21 years of age or older and
2-17     submits to the taking of a specimen designated by the officer and
2-18     an analysis of the specimen shows the person had an alcohol
2-19     concentration of a level specified by Chapter 49, Penal Code, the
2-20     person's license to operate a motor vehicle will be automatically
2-21     suspended for not less than 60 days, whether or not the person is
2-22     subsequently prosecuted as a result of the arrest;
2-23                 (4)  if the person is younger than 21 years of age and
2-24     has any detectable amount of alcohol in the person's system, the
2-25     person's license to operate a motor vehicle will be automatically
2-26     suspended for not less than 60 days even if the person submits to
2-27     the taking of the specimen, but that if the person submits to the
 3-1     taking of the specimen and an analysis of the specimen shows that
 3-2     the person had an alcohol concentration less than the level
 3-3     specified by Chapter 49, Penal Code, the person may be subject to
 3-4     criminal penalties less severe than those provided under that
 3-5     chapter;
 3-6                 (5)  if the officer determines that the person is a
 3-7     resident without a license to operate a motor vehicle in this
 3-8     state, the department will deny to the person the issuance of a
 3-9     license, whether or not the person is subsequently  prosecuted as a
3-10     result of the arrest, under the same conditions and for the same
3-11     periods that would have applied to a revocation of the person's
3-12     driver's license if the person had held a driver's license issued
3-13     by this state; [and]
3-14                 (6)  the person has a right to a hearing on the
3-15     suspension or denial if, not later than the 15th day after the date
3-16     on which the person receives the notice of suspension or denial or
3-17     on which the person is considered to have received the notice by
3-18     mail as provided by law, the department receives, at its
3-19     headquarters in Austin, a written demand, including a facsimile
3-20     transmission, or a request in another form prescribed by the
3-21     department for the hearing; and
3-22                 (7)  if the person refuses to consent to the taking of
3-23     the specimen, and the person is subsequently prosecuted as a result
3-24     of the arrest for an offense under Section 49.04, Penal Code, and
3-25     is convicted of that offense, the minimum term of confinement for
3-26     the offense is increased from 72 hours to five days.
3-27           SECTION 3.  Section 724.035, Transportation Code, is amended
 4-1     to read as follows:
 4-2           Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE.   (a)  If a
 4-3     person refuses the request of a peace officer to submit to the
 4-4     taking of a specimen, the department shall:
 4-5                 (1)  suspend the person's license to operate a motor
 4-6     vehicle on a public highway for one year [90 days if the person is
 4-7     21 years of age or older or 120 days if the person is younger than
 4-8     21 years of age]; or
 4-9                 (2)  if the person is a resident without a license,
4-10     issue an order denying the issuance of a license to the person for
4-11     one year [90 days if the person is 21 years of age or older or 120
4-12     days if the  person is younger than 21 years of age].
4-13           (b)  [The period of suspension or denial is 180 days if the
4-14     person is 21 years of age or older or 240 days if the person is
4-15     younger than 21 years of age and the person's driving record shows
4-16     one or more alcohol-related or drug-related enforcement contacts,
4-17     as defined by Section 524.001(3)(B) or (C), during the five years
4-18     preceding the date of the person's arrest.]
4-19           [(c)  The period of suspension or denial is one year if the
4-20     person's driving record shows one or more alcohol-related or
4-21     drug-related enforcement contacts, as defined by Section
4-22     524.001(3)(A), during the five years preceding the date of the
4-23     person's arrest.]
4-24           [(d)] A suspension or denial takes effect on the 40th day
4-25     after the date on which the person:
4-26                 (1)  receives notice of suspension or denial under
4-27     Section 724.032(a); or
 5-1                 (2)  is considered to have received notice of
 5-2     suspension or denial under Section 724.033.
 5-3           SECTION 4.  Section 724.043(a), Transportation Code, is
 5-4     amended to read as follows:
 5-5           (a)  If the administrative law judge finds in the affirmative
 5-6     on each issue under Section 724.042, the suspension order is
 5-7     sustained.  If the person is a resident without a license, the
 5-8     department shall continue to deny to the person the issuance of a
 5-9     license for the [applicable] period provided by Section 724.035.
5-10           SECTION 5.  (a)  This Act takes effect September 1, 1999.
5-11           (b)  The change in law made by Section 1 of this Act applies
5-12     only to an offense committed on or after September 1, 1999. An
5-13     offense committed before September 1, 1999, is covered by the law
5-14     in effect when the offense was committed, and the former law is
5-15     continued in effect for that purpose.  For purposes of this
5-16     section, an offense was committed before September 1, 1999, if any
5-17     element of the offense was committed before that date.
5-18           (c)  The changes in law made by Sections 2-4 of this Act
5-19     apply only to a person arrested for an offense described by Section
5-20     724.011(a), Transportation Code, on or after September 1, 1999.
5-21           SECTION 6.  The importance of this legislation and the
5-22     crowded condition of the calendars in both houses create an
5-23     emergency and an imperative public necessity that the
5-24     constitutional rule requiring bills to be read on three several
5-25     days in each house be suspended, and this rule is hereby suspended.