By Zaffirini S.B. No. 1407
76R7903 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a peace officer to take possession of the
1-3 driver's license of a person arrested for certain intoxication
1-4 offenses.
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 524.032(d), Transportation Code, is
2-19 amended to read as follows:
2-20 (d) A request for a hearing stays suspension of a person's
2-21 driver's license until the date of the final decision of the
2-22 administrative law judge. If the person's driver's license was
2-23 taken by a peace officer under Section 524.011(b), the department
2-24 shall notify the person of the effect of the request on the
2-25 suspension of the person's license before the expiration of the
2-26 temporary permit issued to the person, if the person is otherwise
2-27 eligible, in a manner that will permit the person to establish to a
3-1 peace officer that the person's driver's license is not suspended.
3-2 SECTION 3. Section 524.035(c), Transportation Code, is
3-3 amended to read as follows:
3-4 (c) If the administrative law judge does not find in the
3-5 affirmative on each issue in Subsection (a), the department shall:
3-6 (1) return the person's driver's license to the
3-7 person, if the license was taken by a peace officer under Section
3-8 524.011(b);
3-9 (2) reinstate the person's driver's license; and
3-10 (3) [(2)] rescind an order prohibiting the issuance of
3-11 a driver's license to the person.
3-12 SECTION 4. Section 524.037, Transportation Code, is amended
3-13 by adding Subsection (c) to read as follows:
3-14 (c) If the person's driver's license was taken by a peace
3-15 officer under Section 524.011(b), the department shall notify the
3-16 person of the effect of the continuance on the suspension of the
3-17 person's license before the expiration of the temporary permit
3-18 issued to the person, if the person is otherwise eligible, in a
3-19 manner that will permit the person to establish to a peace officer
3-20 that the person's driver's license is not suspended.
3-21 SECTION 5. Section 724.032, Transportation Code, is amended
3-22 to read as follows:
3-23 Sec. 724.032. OFFICER'S DUTIES FOR DRIVER'S LICENSE
3-24 [ISSUANCE BY OFFICER OF NOTICE OF] SUSPENSION [OR DENIAL OF
3-25 LICENSE]; WRITTEN REFUSAL REPORT. (a) If a person refuses to
3-26 submit to the taking of a specimen, whether expressly or because of
3-27 an intentional failure of the person to give the specimen, the
4-1 peace officer shall:
4-2 (1) serve notice of license suspension or denial on
4-3 the person; [and]
4-4 (2) take possession of any driver's license issued by
4-5 this state and held by the person arrested;
4-6 (3) issue a temporary driving permit to the person
4-7 unless department records show or the officer otherwise determines
4-8 that the person does not hold a license or permit to operate a
4-9 motor vehicle in this state; and
4-10 (4) make a written report of the refusal to the
4-11 director of the department.
4-12 (b) The director must approve the form of the refusal
4-13 report. The report must:
4-14 (1) show the grounds for the officer's belief that the
4-15 person had been operating a motor vehicle while intoxicated; and
4-16 (2) contain a copy of:
4-17 (A) the refusal statement requested under
4-18 Section 724.031; or
4-19 (B) a statement signed by the officer that the
4-20 person refused to:
4-21 (i) submit to the taking of the requested
4-22 specimen; and
4-23 (ii) sign the requested statement under
4-24 Section 724.031.
4-25 (c) The officer shall forward to the department [a copy of
4-26 the notice of suspension or denial and the refusal report] not
4-27 later than the fifth business day after the date of the arrest:
5-1 (1) a copy of the notice of suspension or denial;
5-2 (2) any driver's license taken by the officer under
5-3 Subsection (a);
5-4 (3) a copy of any temporary driver's permit issued
5-5 under Subsection (a); and
5-6 (4) a copy of the refusal report.
5-7 (d) The department shall develop forms for notices of
5-8 suspension or denial and temporary driving permits to [that shall]
5-9 be used by all state and local law enforcement agencies.
5-10 (e) A temporary permit issued under this section is valid
5-11 for 40 days after the date of issuance. If the person was driving
5-12 a commercial motor vehicle, as defined by Section 522.003, a
5-13 temporary driving permit that authorizes an individual to drive a
5-14 commercial motor vehicle is not effective until 24 hours after the
5-15 time of arrest.
5-16 SECTION 6. Section 724.041(c), Transportation Code, is
5-17 amended to read as follows:
5-18 (c) A request for a hearing stays the suspension or denial
5-19 until the date of the final decision of the administrative law
5-20 judge. If the person's driver's license was taken by a peace
5-21 officer under Section 724.032(a), the department shall notify the
5-22 person of the effect of the request on the suspension of the
5-23 person's license before the expiration of the temporary permit
5-24 issued to the person, if the person is otherwise eligible, in a
5-25 manner that will permit the person to establish to a peace officer
5-26 that the person's driver's license is not suspended.
5-27 SECTION 7. Section 724.043(b), Transportation Code, is
6-1 amended to read as follows:
6-2 (b) If the administrative law judge does not find in the
6-3 affirmative on each issue under Section 724.042, the department
6-4 shall return the person's driver's license to the person, if the
6-5 license was taken by a peace officer under Section 724.032(a), and
6-6 reinstate the person's license or rescind any order denying the
6-7 issuance of a license because of the person's refusal to submit to
6-8 the taking of a specimen under Section 724.032(a).
6-9 SECTION 8. The change in law made by this Act applies only
6-10 to a person arrested for an offense committed on or after the
6-11 effective date of this Act. A person arrested for an offense
6-12 committed before the effective date of this Act is covered by the
6-13 law in effect when the offense was committed, and the former law is
6-14 continued in effect for that purpose. For purposes of this
6-15 section, an offense was committed before the effective date of this
6-16 Act if any element of the offense occurred before that date.
6-17 SECTION 9. This Act takes effect September 1, 1999.
6-18 SECTION 10. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.