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.