By Zaffirini                                          S.B. No. 1408
         76R6260 PEP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the information provided by a peace officer to a person
 1-3     arrested for an alcohol-related offense.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 724.015, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 724.015.  INFORMATION PROVIDED BY OFFICER BEFORE
 1-8     REQUESTING SPECIMEN.  (a)  Before requesting a person to submit to
 1-9     the taking of a specimen, the officer shall inform the person
1-10     orally and in writing that:
1-11                 (1)  if the person refuses to submit to the taking of
1-12     the specimen, that refusal may be admissible in a subsequent
1-13     prosecution;
1-14                 (2)  if the person refuses to submit to the taking of
1-15     the specimen, the person's license to operate a motor vehicle will
1-16     be automatically suspended, whether or not the person is
1-17     subsequently prosecuted as a result of the arrest, for:
1-18                       (A)  not less than 90 days if the person is 21
1-19     years of age or older; or
1-20                       (B)  not less than 120 days if the person is
1-21     younger than 21 years of age;
1-22                 (3)  if the person is 21 years of age or older and
1-23     submits to the taking of a specimen designated by the officer and
1-24     an analysis of the specimen shows the person had an alcohol
 2-1     concentration of a level specified by Chapter 49, Penal Code, the
 2-2     person's license to operate a motor vehicle will be automatically
 2-3     suspended for not less than 60 days, whether or not the person is
 2-4     subsequently prosecuted as a result of the arrest;
 2-5                 (4)  if the person is younger than 21 years of age and
 2-6     has any detectable amount of alcohol in the person's system, the
 2-7     person's license to operate a motor vehicle will be automatically
 2-8     suspended for not less than 60 days even if the person submits to
 2-9     the taking of the specimen, but that if the person submits to the
2-10     taking of the specimen and an analysis of the specimen shows that
2-11     the person had an alcohol concentration less than the level
2-12     specified by Chapter 49, Penal Code, the person may be subject to
2-13     criminal penalties less severe than those provided under that
2-14     chapter;
2-15                 (5)  if the officer determines that the person is a
2-16     resident without a license to operate a motor vehicle in this
2-17     state, the department will deny to the person the issuance of a
2-18     license, whether or not the person is subsequently prosecuted as a
2-19     result of the arrest, under the same conditions and for the same
2-20     periods that would have applied to a revocation of the person's
2-21     driver's license if the person had held a driver's license issued
2-22     by this state; and
2-23                 (6)  the person has a right to a hearing on the
2-24     suspension or denial if, not later than the 15th day after the date
2-25     on which the person receives the notice of suspension or denial or
2-26     on which the person is considered to have received the notice by
2-27     mail as provided by law, the department receives, at its
 3-1     headquarters in Austin, a written demand, including a facsimile
 3-2     transmission, or a request in another form prescribed by the
 3-3     department for the hearing.
 3-4           (b)  On request by the arrested person after the officer has
 3-5     complied with Subsection (a), the officer, in a manner  that is not
 3-6     coercive or misleading, may explain the information required by
 3-7     this section or provide additional information about the
 3-8     consequences of the person's submitting or refusing to submit to
 3-9     the taking of the specimen.
3-10           (c)  Evidence of a person's refusal to submit to the taking
3-11     of a specimen or of the analysis of the specimen is admissible in a
3-12     hearing under this chapter or in court if the arresting officer
3-13     substantially complies with this section.
3-14           SECTION 2.  The change in law made by this Act applies only
3-15     to a person arrested on or after September 1, 1999, and to the
3-16     admissibility of evidence regarding a person arrested on or after
3-17     that date.  A person arrested before September 1, 1999, and the
3-18     admissibility of evidence regarding a person arrested before that
3-19     date are covered by the law in effect when the person was arrested,
3-20     and the former law is continued in effect for that purpose.
3-21           SECTION 3.  This Act takes effect September 1, 1999.
3-22           SECTION 4.  The importance of this legislation and the
3-23     crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended.