1-1     By:  Lucio                                             S.B. No. 388
 1-2           (In the Senate - Filed February 3, 1999; February 4, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 15, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; March 15, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the criminal consequences of driving while intoxicated
 1-9     and to the civil consequences of failure to submit to the taking of
1-10     a blood, breath, or urine specimen for analysis to determine
1-11     intoxication.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 49.04, Penal Code, is amended by amending
1-14     Subsection (b) and adding Subsection (d) to read as follows:
1-15           (b)  Except as provided by Subsections [Subsection] (c) and
1-16     (d) and by Section 49.09, an offense under this section is a Class
1-17     B misdemeanor, with a minimum term of confinement of 72 hours.
1-18           (d)  An offense under this section is a Class B misdemeanor,
1-19     with a minimum term of confinement of five days, if the defendant:
1-20                 (1)  was arrested for an offense described by Section
1-21     724.011(a), Transportation Code;
1-22                 (2)  was subsequently requested by a peace officer to
1-23     submit to the taking of one or more specimens of the defendant's
1-24     breath or blood for analysis to determine the alcohol concentration
1-25     or the presence in the defendant's body of a controlled substance,
1-26     drug, dangerous drug, or other substance; and
1-27                 (3)  refused to submit to the taking of the specimen
1-28     designated by the peace officer.
1-29           SECTION 2.  Section 724.015, Transportation Code, is amended
1-30     to read as follows:
1-31           Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
1-32     REQUESTING SPECIMEN.  Before requesting a person to submit to the
1-33     taking of a specimen, the officer shall inform the person orally
1-34     and in writing that:
1-35                 (1)  if the person refuses to submit to the taking of
1-36     the specimen, that refusal may be admissible in a subsequent
1-37     prosecution;
1-38                 (2)  if the person refuses to submit to the taking of
1-39     the specimen, the person's license to operate a motor vehicle will
1-40     be automatically suspended, whether or not the person is
1-41     subsequently prosecuted as a result of the arrest, for[:]
1-42                       [(A)] not less than one year [90 days if the
1-43     person is 21 years of age or older; or]
1-44                       [(B)  not less than 120 days if the person is
1-45     younger than 21 years of age];
1-46                 (3)  if the person is 21 years of age or older and
1-47     submits to the taking of a specimen designated by the officer and
1-48     an analysis of the specimen shows the person had an alcohol
1-49     concentration of a level specified by Chapter 49, Penal Code, the
1-50     person's license to operate a motor vehicle will be automatically
1-51     suspended for not less than 60 days, whether or not the person is
1-52     subsequently prosecuted as a result of the arrest;
1-53                 (4)  if the person is younger than 21 years of age and
1-54     has any detectable amount of alcohol in the person's system, the
1-55     person's license to operate a motor vehicle will be automatically
1-56     suspended for not less than 60 days even if the person submits to
1-57     the taking of the specimen, but that if the person submits to the
1-58     taking of the specimen and an analysis of the specimen shows that
1-59     the person had an alcohol concentration less than the level
1-60     specified by Chapter 49, Penal Code, the person may be subject to
1-61     criminal penalties less severe than those provided under that
1-62     chapter;
1-63                 (5)  if the officer determines that the person is a
1-64     resident without a license to operate a motor vehicle in this
 2-1     state, the department will deny to the person the issuance of a
 2-2     license, whether or not the person is subsequently prosecuted as a
 2-3     result of the arrest, under the same conditions and for the same
 2-4     periods that would have applied to a revocation of the person's
 2-5     driver's license if the person had held a driver's license issued
 2-6     by this state; [and]
 2-7                 (6)  the person has a right to a hearing on the
 2-8     suspension or denial if, not later than the 15th day after the date
 2-9     on which the person receives the notice of suspension or denial or
2-10     on which the person is considered to have received the notice by
2-11     mail as provided by law, the department receives, at its
2-12     headquarters in Austin, a written demand, including a facsimile
2-13     transmission, or a request in another form prescribed by the
2-14     department for the hearing; and
2-15                 (7)  if the person refuses to consent to the taking of
2-16     the specimen, and the person is subsequently prosecuted as a result
2-17     of the arrest for an offense under Section 49.04, Penal Code, and
2-18     is convicted of that offense, the minimum term of confinement for
2-19     the offense is increased from 72 hours to five days.
2-20           SECTION 3.  Section 724.035, Transportation Code, is amended
2-21     to read as follows:
2-22           Sec. 724.035.  SUSPENSION OR DENIAL OF LICENSE.  (a)  If a
2-23     person refuses the request of a peace officer to submit to the
2-24     taking of a specimen, the department shall:
2-25                 (1)  suspend the person's license to operate a motor
2-26     vehicle on a public highway for one year [90 days if the person is
2-27     21 years of age or older or 120 days if the person is younger than
2-28     21 years of age]; or
2-29                 (2)  if the person is a resident without a license,
2-30     issue an order denying the issuance of a license to the person for
2-31     one year [90 days if the person is 21 years of age or older or 120
2-32     days if the person is younger than 21 years of age].
2-33           (b)  [The period of suspension or denial is 180 days if the
2-34     person is 21 years of age or older or 240 days if the person is
2-35     younger than 21 years of age and the person's driving record shows
2-36     one or more alcohol-related or drug-related enforcement contacts,
2-37     as defined by Section 524.001(3)(B) or (C), during the five years
2-38     preceding the date of the person's arrest.]
2-39           [(c)  The period of suspension or denial is one year if the
2-40     person's driving record shows one or more alcohol-related or
2-41     drug-related enforcement contacts, as defined by Section
2-42     524.001(3)(A), during the five years preceding the date of the
2-43     person's arrest.]
2-44           [(d)] A suspension or denial takes effect on the 40th day
2-45     after the date on which the person:
2-46                 (1)  receives notice of suspension or denial under
2-47     Section 724.032(a); or
2-48                 (2)  is considered to have received notice of
2-49     suspension or denial under Section 724.033.
2-50           SECTION 4.  Subsection (a), Section 724.043, Transportation
2-51     Code, is amended to read as follows:
2-52           (a)  If the administrative law judge finds in the affirmative
2-53     on each issue under Section 724.042, the suspension order is
2-54     sustained.  If the person is a resident without a license, the
2-55     department shall continue to deny to the person the issuance of a
2-56     license for the [applicable] period provided by Section 724.035.
2-57           SECTION 5.  (a)  This Act takes effect September 1, 1999.
2-58           (b)  The change in law made by Section 1 of this Act applies
2-59     only to an offense committed on or after September 1, 1999.  An
2-60     offense committed before September 1, 1999, is covered by the law
2-61     in effect when the offense was committed, and the former law is
2-62     continued in effect for that purpose.  For purposes of this
2-63     section, an offense was committed before September 1, 1999, if any
2-64     element of the offense was committed before that date.
2-65           (c)  The changes in law made by Sections 2, 3, and 4 of this
2-66     Act apply only to a person arrested for an offense described by
2-67     Subsection (a), Section 724.011, Transportation Code, on or after
2-68     September 1, 1999.
2-69           SECTION 6.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.
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