By: Zaffirini S.B. No. 1774
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the suspension of a person's driver's license following
1-2 the person's arrest for certain intoxication offenses and to
1-3 certain procedures related to that suspension.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 524.011, Transportation Code, is amended
1-6 by amending Subsections (b), (c), and (e) and adding Subsection (f)
1-7 to read as follows:
1-8 (b) A peace officer shall:
1-9 (1) serve or, if a specimen is taken and the analysis
1-10 of the specimen is not returned to the arresting officer before the
1-11 person is admitted to bail, released from custody, delivered as
1-12 provided by Title 3, Family Code, or committed to jail, attempt to
1-13 serve notice of driver's license suspension by delivering the
1-14 notice to the arrested person; [and]
1-15 (2) take possession of any driver's license issued by
1-16 this state that is held by the person arrested;
1-17 (3) issue a temporary driving permit to the person
1-18 unless department records show or the officer otherwise determines
1-19 that the person does not hold a license or permit to operate a
1-20 motor vehicle in this state; and
1-21 (4) send to the department not later than the fifth
1-22 business day after the date of the arrest:
1-23 (A) a copy of the driver's license suspension
1-24 notice; [and]
2-1 (B) any driver's license taken by the officer;
2-2 (C) a copy of any temporary driver's permit
2-3 issued under this section; and
2-4 (D) a sworn report of information relevant to
2-5 the arrest.
2-6 (c) The report required under Subsection (b)(4)(D)
2-7 [(b)(2)(B)] must:
2-8 (1) identify the arrested person;
2-9 (2) state the arresting officer's grounds for
2-10 believing the person committed the offense; and
2-11 (3) give the analysis of the specimen, if any[; and]
2-12 [(4) include a copy of the criminal complaint filed in
2-13 the case, if any].
2-14 (e) The department shall develop forms [a form] for the
2-15 notice of driver's license suspension and the temporary driving
2-16 permit to [that shall] be used by all state and local law
2-17 enforcement agencies.
2-18 (f) A temporary permit issued under this section is valid
2-19 for 40 days after the date of issuance. If the person was driving
2-20 a commercial motor vehicle, as defined by Section 522.003, a
2-21 temporary driving permit that authorizes an individual to drive a
2-22 commercial motor vehicle is not effective until 24 hours after the
2-23 time of arrest.
2-24 SECTION 2. Subsection (a), Section 524.022, Transportation
2-25 Code, is amended to read as follows:
2-26 (a) A period of suspension under this chapter for an adult
3-1 is:
3-2 (1) 60 days if the person's driving record shows no
3-3 alcohol-related or drug-related enforcement contact during the 10
3-4 [five] years preceding the date of the person's arrest; or
3-5 (2) one year [120 days if the person's driving record
3-6 shows one or more alcohol-related or drug-related enforcement
3-7 contacts, as defined by Section 524.001(2)(B) or (C), during the
3-8 five years preceding the date of the person's arrest; or]
3-9 [(3) 180 days] if the person's driving record shows
3-10 one or more alcohol-related or drug-related enforcement contacts[,
3-11 as defined by Section 524.001(2)(A),] during the 10 [five] years
3-12 preceding the date of the person's arrest.
3-13 SECTION 3. Subsection (d), Section 524.032, Transportation
3-14 Code, is amended to read as follows:
3-15 (d) A request for a hearing stays suspension of a person's
3-16 driver's license until the date of the final decision of the
3-17 administrative law judge. If the person's driver's license was
3-18 taken by a peace officer under Section 524.011(b), the department
3-19 shall notify the person of the effect of the request on the
3-20 suspension of the person's license before the expiration of the
3-21 temporary permit issued to the person, if the person is otherwise
3-22 eligible, in a manner that will permit the person to establish to a
3-23 peace officer that the person's driver's license is not suspended.
3-24 SECTION 4. Subsection (c), Section 524.035, Transportation
3-25 Code, is amended to read as follows:
3-26 (c) If the administrative law judge does not find in the
4-1 affirmative on each issue in Subsection (a), the department shall:
4-2 (1) return the person's driver's license to the
4-3 person, if the license was taken by a peace officer under Section
4-4 524.011(b);
4-5 (2) reinstate the person's driver's license; and
4-6 (3) [(2)] rescind an order prohibiting the issuance of
4-7 a driver's license to the person.
4-8 SECTION 5. Section 524.037, Transportation Code, is amended
4-9 by adding Subsection (c) to read as follows:
4-10 (c) If the person's driver's license was taken by a peace
4-11 officer under Section 524.011(b), the department shall notify the
4-12 person of the effect of the continuance on the suspension of the
4-13 person's license before the expiration of the temporary permit
4-14 issued to the person, if the person is otherwise eligible, in a
4-15 manner that will permit the person to establish to a peace officer
4-16 that the person's driver's license is not suspended.
4-17 SECTION 6. Section 724.015, Transportation Code, is amended
4-18 to read as follows:
4-19 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
4-20 REQUESTING SPECIMEN. (a) Before requesting a person to submit to
4-21 the taking of a specimen, the officer shall inform the person
4-22 orally and in writing that:
4-23 (1) if the person refuses to submit to the taking of
4-24 the specimen, that refusal may be admissible in a subsequent
4-25 prosecution and may result in the immediate confiscation of the
4-26 person's license and may result in the suspension of the person's
5-1 license for one year;
5-2 (2) if the person submits [refuses to submit] to the
5-3 taking of the specimen and an analysis of the specimen shows that
5-4 the person had an alcohol concentration of a level specified by
5-5 Chapter 49, Penal Code, the person's license may be immediately
5-6 confiscated and the person's license may be suspended for 60 days;
5-7 and[, the person's license to operate a motor vehicle will be
5-8 automatically suspended, whether or not the person is subsequently
5-9 prosecuted as a result of the arrest, for:]
5-10 [(A) not less than 90 days if the person is 21
5-11 years of age or older; or]
5-12 [(B) not less than 120 days if the person is
5-13 younger than 21 years of age;]
5-14 (3) [if the person is 21 years of age or older and
5-15 submits to the taking of a specimen designated by the officer and
5-16 an analysis of the specimen shows the person had an alcohol
5-17 concentration of a level specified by Chapter 49, Penal Code, the
5-18 person's license to operate a motor vehicle will be automatically
5-19 suspended for not less than 60 days, whether or not the person is
5-20 subsequently prosecuted as a result of the arrest;]
5-21 [(4)] if the person is younger than 21 years of age
5-22 and has any detectable amount of alcohol in the person's system,
5-23 the officer is required to take possession of the person's license
5-24 to operate a motor vehicle and the person's license to operate a
5-25 motor vehicle will be automatically suspended for not less than 60
5-26 days even if the person submits to the taking of the specimen[, but
6-1 that if the person submits to the taking of the specimen and an
6-2 analysis of the specimen shows that the person had an alcohol
6-3 concentration less than the level specified by Chapter 49, Penal
6-4 Code, the person may be subject to criminal penalties less severe
6-5 than those provided under that chapter;]
6-6 [(5) if the officer determines that the person is a
6-7 resident without a license to operate a motor vehicle in this
6-8 state, the department will deny to the person the issuance of a
6-9 license, whether or not the person is subsequently prosecuted as a
6-10 result of the arrest, under the same conditions and for the same
6-11 periods that would have applied to a revocation of the person's
6-12 driver's license if the person had held a driver's license issued
6-13 by this state; and]
6-14 [(6) the person has a right to a hearing on the
6-15 suspension or denial if, not later than the 15th day after the date
6-16 on which the person receives the notice of suspension or denial or
6-17 on which the person is considered to have received the notice by
6-18 mail as provided by law, the department receives, at its
6-19 headquarters in Austin, a written demand, including a facsimile
6-20 transmission, or a request in another form prescribed by the
6-21 department for the hearing].
6-22 (b) On request by the arrested person after the officer has
6-23 complied with Subsection (a), the officer, in a manner that is not
6-24 coercive or misleading, may explain the information required by
6-25 this section or provide additional information about the
6-26 consequences of the person's submitting or refusing to submit to
7-1 the taking of a specimen. Evidence of a person's refusal to submit
7-2 to the taking of a specimen or of the analysis of the specimen is
7-3 not inadmissible in a hearing under this chapter or in court if the
7-4 arresting officer substantially complies with this section.
7-5 SECTION 7. Section 724.032, Transportation Code, is amended
7-6 to read as follows:
7-7 Sec. 724.032. OFFICER'S DUTIES FOR DRIVER'S LICENSE
7-8 [ISSUANCE BY OFFICER OF NOTICE OF] SUSPENSION [OR DENIAL OF
7-9 LICENSE]; WRITTEN REFUSAL REPORT. (a) If a person refuses to
7-10 submit to the taking of a specimen, whether expressly or because of
7-11 an intentional failure of the person to give the specimen, the
7-12 peace officer shall:
7-13 (1) serve notice of license suspension or denial on
7-14 the person; [and]
7-15 (2) take possession of any driver's license issued by
7-16 this state that is held by the person arrested;
7-17 (3) issue a temporary driving permit to the person
7-18 unless department records show, or the officer otherwise
7-19 determines, that the person does not hold a license or permit to
7-20 operate a motor vehicle in this state; and
7-21 (4) make a written report of the refusal to the
7-22 director of the department.
7-23 (b) The director must approve the form of the refusal
7-24 report. The report must:
7-25 (1) show the grounds for the officer's belief that the
7-26 person had been operating a motor vehicle while intoxicated; and
8-1 (2) contain a copy of:
8-2 (A) the refusal statement requested under
8-3 Section 724.031; or
8-4 (B) a statement signed by the officer that the
8-5 person refused to:
8-6 (i) submit to the taking of the requested
8-7 specimen; and
8-8 (ii) sign the requested statement under
8-9 Section 724.031.
8-10 (c) The officer shall forward to the department [a copy of
8-11 the notice of suspension or denial and the refusal report] not
8-12 later than the fifth business day after the date of the arrest:
8-13 (1) a copy of the notice of suspension or denial;
8-14 (2) any driver's license taken by the officer under
8-15 Subsection (a);
8-16 (3) a copy of any temporary driver's permit issued
8-17 under Subsection (a); and
8-18 (4) a copy of the refusal report.
8-19 (d) The department shall develop forms for notices of
8-20 suspension or denial and temporary driving permits to [that shall]
8-21 be used by all state and local law enforcement agencies.
8-22 (e) A temporary permit issued under this section is valid
8-23 for 40 days after the date of issuance. If the person was driving
8-24 a commercial motor vehicle, as defined by Section 522.003, a
8-25 temporary driving permit that authorizes an individual to drive a
8-26 commercial motor vehicle is not effective until 24 hours after the
9-1 time of arrest.
9-2 SECTION 8. Section 724.035, Transportation Code, is amended
9-3 to read as follows:
9-4 Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
9-5 person refuses the request of a peace officer to submit to the
9-6 taking of a specimen, the department shall:
9-7 (1) suspend the person's license to operate a motor
9-8 vehicle on a public highway for one year [90 days if the person is
9-9 21 years of age or older or 120 days if the person is younger than
9-10 21 years of age]; or
9-11 (2) if the person is a resident without a license,
9-12 issue an order denying the issuance of a license to the person for
9-13 one year [90 days if the person is 21 years of age or older or 120
9-14 days if the person is younger than 21 years of age].
9-15 (b) [The period of suspension or denial is 180 days if the
9-16 person is 21 years of age or older or 240 days if the person is
9-17 younger than 21 years of age and the person's driving record shows
9-18 one or more alcohol-related or drug-related enforcement contacts,
9-19 as defined by Section 524.001(3)(B) or (C), during the five years
9-20 preceding the date of the person's arrest.]
9-21 [(c) The period of suspension or denial is one year if the
9-22 person's driving record shows one or more alcohol-related or
9-23 drug-related enforcement contacts, as defined by Section
9-24 524.001(3)(A), during the five years preceding the date of the
9-25 person's arrest.]
9-26 [(d)] A suspension or denial takes effect on the 40th day
10-1 after the date on which the person:
10-2 (1) receives notice of suspension or denial under
10-3 Section 724.032(a); or
10-4 (2) is considered to have received notice of
10-5 suspension or denial under Section 724.033.
10-6 SECTION 9. Subsection (c), Section 724.041, Transportation
10-7 Code, is amended to read as follows:
10-8 (c) A request for a hearing stays the suspension or denial
10-9 until the date of the final decision of the administrative law
10-10 judge. If the person's driver's license was taken by a peace
10-11 officer under Section 724.032(a), the department shall notify the
10-12 person of the effect of the request on the suspension of the
10-13 person's license before the expiration of the temporary permit
10-14 issued to the person, if the person is otherwise eligible, in a
10-15 manner that will permit the person to establish to a peace officer
10-16 that the person's driver's license is not suspended.
10-17 SECTION 10. Subsection (b), Section 724.043, Transportation
10-18 Code, is amended to read as follows:
10-19 (b) If the administrative law judge does not find in the
10-20 affirmative on each issue under Section 724.042, the department
10-21 shall return the person's driver's license to the person, if the
10-22 license was taken by a peace officer under Section 724.032(a), and
10-23 reinstate the person's license or rescind any order denying the
10-24 issuance of a license because of the person's refusal to submit to
10-25 the taking of a specimen under Section 724.032(a).
10-26 SECTION 11. Section 521.251, Transportation Code, is amended
11-1 by adding Subsection (e) to read as follows:
11-2 (e) The fee for an occupational license issued under this
11-3 subchapter shall be $125 for any occupational license issued to a
11-4 person whose driver's license is currently under suspension as a
11-5 result of an alcohol-related or drug-related enforcement contact
11-6 under Chapter 49, Penal Code, or an administrative license
11-7 suspension under Chapter 524 or 724.
11-8 SECTION 12. The change in law made by this Act applies only
11-9 to a person arrested for an offense committed on or after the
11-10 effective date of this Act. A person arrested for an offense
11-11 committed before the effective date of this Act is covered by the
11-12 law in effect when the offense was committed, and the former law is
11-13 continued in effect for that purpose. For purposes of this
11-14 section, an offense was committed before the effective date of this
11-15 Act if any element of the offense occurred before that date.
11-16 SECTION 13. This Act takes effect September 1, 1999.
11-17 SECTION 14. The importance of this legislation and the
11-18 crowded condition of the calendars in both houses create an
11-19 emergency and an imperative public necessity that the
11-20 constitutional rule requiring bills to be read on three several
11-21 days in each house be suspended, and this rule is hereby suspended.
11-22 COMMITTEE AMENDMENT NO. 1
11-23 Section 6 of SB 1774 is hereby amended by striking the
11-24 following language:
11-25 1. At line 4-20, strike "(a)".
11-26 2. Strike lines 6-22 through 7-4.
12-1 Green
12-2 COMMITTEE AMENDMENT NO. 2
12-3 SB 1774 is amended as follows:
12-4 1. At line 3-5, change "one year" to "six months".
12-5 2. At line 5-1, change "one year:" to "six months:".
12-6 3. At line 9-8, change "one year" to "six months".
12-7 4. At line 9-13, change "one year" to "six months".
12-8 5. At lines 9-21 through 9-25, change "[(c) The period of
12-9 suspension or denial is one year if the person's driving record
12-10 shows one or more alcohol related or drug related enforcement
12-11 contacts, as defined by Section 524.001(3)(A), during the five
12-12 years preceding the date of the person's arrest.]" to "(b) The
12-13 period of suspension or denial is one year if the person's driving
12-14 record shows one or more alcohol related enforcement contacts[, as
12-15 defined by Section 524.001(3)(A),] during the five years preceding
12-16 the date of the person's arrest."
12-17 6. At line 9-26, change "[(d)] to "[(d)] (c)"
12-18 Green
12-19 COMMITTEE AMENDMENT NO. 3
12-20 SB 1774 is hereby amended as follows:
12-21 1. Add the following:
12-22 SECTION 12. Section 521.2425, Transportation Code, is added
12-23 to read as follows:
12-24 Sec. 521.2425. AUTOMATIC ISSUANCE OF OCCUPATIONAL LICENSE.
12-25 (a) If the person's driving record shows no alcohol-related
12-26 enforcement contacts during the 5 years preceding the person's
13-1 arrest, that person shall be entitled to automatically receive an
13-2 occupational driver's license upon filing a written request at the
13-3 time of the hearing on the suspension of the person's driver's
13-4 license under Section 524 or Section 724, Transportation Code.
13-5 (b) An occupational driver's license issued under this
13-6 automatic provision shall be subject to the same conditions and
13-7 restrictions as any other occupational license issued under this
13-8 section.
13-9 (c) Nothing in this subsection shall in any way prohibit a
13-10 person from applying for an occupational license under any other
13-11 provisions of this section.
13-12 (d) The counseling required under Section 521.245,
13-13 Transportation Code, may be imposed by the Administrative Law Judge
13-14 as a condition of automatically granting an occupational license
13-15 under this subsection.
13-16 2. At line 11-8, change "SECTION 12." to "SECTION 13.".
13-17 3. At line 11-16, change "SECTION 13." to "SECTION 14.".
13-18 4. At line 11-17, change "SECTION 14." to "SECTION 15.".
13-19 Keel