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.