By:  Zaffirini                                        S.B. No. 1774
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to administrative license revocation and or suspension for
 1-2     driving while intoxicated.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 524.011(b)(1) and (2) of the
 1-5     Transportation Code is amended to read as follows:
 1-6           (b)  A peace officer shall:
 1-7                 (1)  serve or, if a specimen is taken and the analysis
 1-8     of the specimen is not returned to the arresting officer before the
 1-9     person is admitted to bail, released from custody, delivered as
1-10     provided by Title 3, Family Code, or committed to jail, attempt to
1-11     serve notice of driver's license suspension by delivering the
1-12     notice to the arrested person; [and]
1-13                 (2)  take possession of any driver's license issued by
1-14     this state and held by the person arrested.  The officer shall
1-15     issue a temporary driving permit to the person.  The temporary
1-16     permit is valid for 40 days after the date of issuance.  If,
1-17     however, department records show that the driver's license is in a
1-18     state of suspension or revocation of if the officer determines that
1-19     the person is a resident without a license or permit to operate a
1-20     motor vehicle in this state, a temporary driving permit authorized
1-21     by this subsection may not be issued.  If the arrested person is
1-22     not a resident of this state and possesses a valid driver's license
 2-1     issued by another jurisdiction, the officer shall serve notice of
 2-2     suspension of the person's privilege to operate a motor vehicle in
 2-3     this state, but the officer may not take possession of the arrested
 2-4     person's driver's license.  If the person was driving a commercial
 2-5     motor vehicle as defined in Section 5, Texas Commercial Driver's
 2-6     License Act (Article 6687b-2, Revised Statutes), a temporary
 2-7     driving permit that authorizes an individual to drive a commercial
 2-8     motor vehicle is not effective until 24 hours after the arrest.
 2-9           [(2)] (3)  send to the department not later than the fifth
2-10     business day after the date of the arrest:
2-11                 (A)  a copy of the driver's license suspension
2-12     notice,[;]
2-13                 (B)  a copy of the temporary drivers permit
2-14                 (C)  the driver's license taken by the officer, and
2-15                 [B] (D)  a sworn report of information relevant to the
2-16     arrest.
2-17           SECTION 2.  Section 524.011(c), Transportation Code, is
2-18     hereby amended to read as follows:
2-19           (C)  The report required under Subsection (b)(2)(D) must:
2-20                 (1)  identify the arrested person;
2-21                 (2)  state the arresting officer's grounds for
2-22     believing the person committed the offense;
2-23                 (3)  give the analysis of the specimen, if any. [;and]
2-24                 [(4)  include a copy of the criminal complaint file in
2-25     the case, if any.]
2-26           SECTION 3.  Section 524.021(a), Transportation Code, is
 3-1     hereby amended to read as follows;
 3-2                 (a)  A driver's license suspension under this chapter
 3-3     [takes effect] occurs on the 40th day after the date the person:
 3-4                       (1)  receives a notice of suspension under
 3-5     Section 524.011; or
 3-6                       (2)  is presumed to have received notice of
 3-7     suspension under Section 54.013.
 3-8           SECTION 4.  Section 524.022(a), Transportation Code, is
 3-9     amended to read as follows:
3-10           (a)  A period of suspension under this chapter for an adult
3-11     is:
3-12                 (1)[(60)]90 days if the person's driving record shows no
3-13     alcohol-related or drug-related enforcement contact during the
3-14     [five] ten years preceding the date of the person's arrest: or
3-15                 [(2) (120 days if the person's driving record shows one
3-16     or more alcohol related or drug related enforcement contacts, as
3-17     defined by Section 524.001(2)(B) or (C), during the five years
3-18     preceding the date of the person's arrest; or]
3-19                 [(3)  180 days] One year if the person's driving record
3-20     shows one or more alcohol-related or drug-related enforcement
3-21     contacts [;as  defined by Section 524.001(2)(A)].) during the [(five)]
3-22     ten years preceding the date of the person's arrest.
3-23           SECTION 5.  Section 724.015, Transportation Code is amended
3-24     to read as follows:  Before requesting a person to submit to the
3-25     taking of a specimen, the officer shall inform the person orally
3-26     and in writing that:
 4-1           (1)  if the person refuses to submit to the taking of the
 4-2     specimen, that refusal may be admissible in a subsequent
 4-3     prosecution;
 4-4           (2)  if the person refuses to submit to the taking of the
 4-5     specimen, the person's license to operate a motor vehicle will be
 4-6     automatically suspended, whether or not the person is subsequently
 4-7     prosecuted as a result of the arrest, for [:]
 4-8                 [(A)]  not less than [90] 180 days [if the person is 21
 4-9     years of age or older; or (B) not less than 120 days if the person
4-10     is younger than 21 years of age]; (3) if the person is 21 years of
4-11     age or older and submits to the taking of a specimen designated by
4-12     the officer and an analysis of the specimen shows the person had an
4-13     alcohol concentration of a level specified by Chapter 49, Penal
4-14     Code, the person's license to operate a motor vehicle will be
4-15     automatically suspended for not less than [60] 90 days, whether or
4-16     not the person is subsequently prosecuted as a result of the
4-17     arrests;
4-18           (4)  if the person is younger than 21 years of age and has
4-19     any detectable amount of alcohol in the person's system, the
4-20     person's license to operate a motor vehicle will automatically
4-21     suspended for not less than 60 days even if the person submits to
4-22     the taking of the specimen, but that if the person submits to the
4-23     taking of the specimen and an analysis of the Chapter 49, Penal
4-24     Code, the person may be subject to criminal penalties less severe
4-25     than those provided under that chapter;
4-26           (5)  if the officer determines that the person is resident
 5-1     without a license to operate a motor vehicle in this state, the
 5-2     department will deny to the person the issuance of a license,
 5-3     whether or not the person is subsequently prosecuted as a result of
 5-4     the arrest, under the same conditions and for the same periods that
 5-5     would have applied to a revocation of the person's driver's license
 5-6     of the person had held a driver's license issued by this state; and
 5-7           (6)  the person has the right to a hearing on the suspension
 5-8     or denial if, not later than the 15th day after the date on which
 5-9     the person receives the notice of suspension or denial or on which
5-10     the person is considered to have received the notice by mail as
5-11     provided by law, the department receives, at its headquarters in
5-12     Austin, a written demand, including a facsimile transmission, or a
5-13     request in another form prescribed by the department for the
5-14     hearing.
5-15           SECTION 6.  Section 724.032, Transportation Code is hereby
5-16     amended to read as follows:  (a)  If a person refuses to submit to
5-17     the taking of specimen, whether expressly or because of an
5-18     intentional failure of the person to give the specimen, the peace
5-19     officer shall:
5-20           (1)  serve notice of license suspension or denial on the
5-21     person; [and]
5-22           (2)  take possession of any driver's license issued by this
5-23     state and held by the person arrested.  The officer shall issue a
5-24     temporary driving permit to the person.  The temporary permit is
5-25     valid for 40 days after the date of issuance.  If, however,
5-26     department records show that the driver's license is in a state of
 6-1     suspension or revocation, of if the officer determines that the
 6-2     person is a resident without a license or permit to operate a motor
 6-3     vehicle in this state, a temporary driving permit authorized by
 6-4     this subsection may not be issued.  If the arrested person is not a
 6-5     resident of this state and possesses a valid driver's license
 6-6     issued by another jurisdiction, the officer shall serve notice of
 6-7     suspension of the person's privilege to operate a motor vehicle in
 6-8     this state, but the officer may not take possession of the arrested
 6-9     person's driver's license.  If the person was driving a commercial
6-10     motor vehicle as defined in Section 5, Texas Commercial Driver's
6-11     License Act (Article 6687b-2, Revised Statutes), a temporary
6-12     driving permit that authorizes an individual to drive a commercial
6-13     motor vehicle is not effective until 24 hours  after the arrest.
6-14           (3)  make a written report of the refusal to the director of
6-15     the department.
6-16     (b)  The director must approve the form of the refusal report.  The
6-17     report must:
6-18           (1)  show the grounds for the officer's belief that the
6-19     person had been operating a motor vehicle while intoxicated; [and]
6-20           (2)  contain a copy of:
6-21                 (A)  the refusal statement requested under Section
6-22     724.031; or
6-23                 (B)  a statement signed by the officer that the person
6-24     refused to:
6-25                       (i)  submit to the taking of the requested
6-26     specimen; and
 7-1                       (ii)  sign the requested statement under Section
 7-2     724.031.
 7-3                 (3)  a copy of the temporary driver's permit;
 7-4                 (4)  the driver's license taken by the officer.
 7-5     (c)  The officer shall forward to the department a copy of the
 7-6     notice of suspension or denial, [and] the refusal report, a copy of
 7-7     the driver's permit, and the driver's license taken by the officer
 7-8     not later than the fifth business day after the date of the arrest.
 7-9     (d)  The department shall develop forms for notices of suspension
7-10     or denial and temporary driving permits that shall be used by all
7-11     state and local law enforcement agencies.
7-12     SECTION 7.  Section 724.035, Transportation Code is hereby amended
7-13     to read as follows:
7-14     (a)  If a person refuses the request of a peace officer to submit
7-15     to the taking of a specimen, the department shall:
7-16           (1)  suspend the person's license to operate a motor vehicle
7-17     on a public highway for [90] 180 days [if the person is 21 years of
7-18     age or older or 120 days if the person is younger than 21 years of
7-19     age]; or
7-20           (2)  if the person is a resident without a license, issue an
7-21     order denying the issuance of a license to the person for [90] 180
7-22     days [if the person is 21 years of age or older or 120 days if the
7-23     person is younger than 21 years of age].
7-24           (b)  The period of suspension or denial is [180 days] two
7-25     years if [the person is 21 years of age or older or 240 days if the
7-26     person is younger than 21 years of age and] the person's driving
 8-1     record shows one or more alcohol-related or drug-related
 8-2     enforcement contacts, as defined by Section 524.001(3)[(B) or (C)],
 8-3     during the [five] ten years preceding the date of the person's
 8-4     arrest.
 8-5           [(c)  The period of suspension or denial is one year if the
 8-6     person's driving record shows one or more alcohol-related or
 8-7     drug-related enforcement contacts, as defined by Section
 8-8     524.001(3)(A), during the five years preceding the date of the
 8-9     person's arrest.]
8-10           [(d)]  A suspension or denial takes effect on the 40th day
8-11     after the date on which the person:
8-12                 (1)  receives notice of suspension or denial under
8-13     Section 724.032(a); or
8-14                 (2)  is considered to have received notice of
8-15     suspension or denial under Section 724.033.
8-16           SECTION 8.  This Act takes effect September 1, 1999.  The
8-17     change in law made by this Act applies only to an offense committed
8-18     on or before September 1, 1999.  An offense committed before
8-19     September 1, 1999, is covered by the law in effect when the offense
8-20     was committed, and the former law is continued in effect for that
8-21     purpose.  For purposes of this section, an offense was committed
8-22     before September 1, 1999, if any element of the offense occurred
8-23     before that date.
8-24           SECTION 9.  The importance of this legislation and the
8-25     crowded condition of the calendars in both houses create an
8-26     emergency and an imperative public necessity that the
 9-1     constitutional rule requiring bills to be read on three several
 9-2     days in each house be suspended, and this rule is hereby suspended.