1-1 By: Zaffirini S.B. No. 1774
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 19, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 19, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1774 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the suspension of a person's driver's license following
1-11 the person's arrest for certain intoxication offenses and to
1-12 certain procedures related to that suspension.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 524.011, Transportation Code, is amended
1-15 by amending Subsections (b), (c), and (e) and adding Subsection (f)
1-16 to read as follows:
1-17 (b) A peace officer shall:
1-18 (1) serve or, if a specimen is taken and the analysis
1-19 of the specimen is not returned to the arresting officer before the
1-20 person is admitted to bail, released from custody, delivered as
1-21 provided by Title 3, Family Code, or committed to jail, attempt to
1-22 serve notice of driver's license suspension by delivering the
1-23 notice to the arrested person; [and]
1-24 (2) take possession of any driver's license issued by
1-25 this state that is held by the person arrested;
1-26 (3) issue a temporary driving permit to the person
1-27 unless department records show or the officer otherwise determines
1-28 that the person does not hold a license or permit to operate a
1-29 motor vehicle in this state; and
1-30 (4) send to the department not later than the fifth
1-31 business day after the date of the arrest:
1-32 (A) a copy of the driver's license suspension
1-33 notice; [and]
1-34 (B) any driver's license taken by the officer;
1-35 (C) a copy of any temporary driver's permit
1-36 issued under this section; and
1-37 (D) a sworn report of information relevant to
1-38 the arrest.
1-39 (c) The report required under Subsection (b)(4)(D)
1-40 [(b)(2)(B)] must:
1-41 (1) identify the arrested person;
1-42 (2) state the arresting officer's grounds for
1-43 believing the person committed the offense; and
1-44 (3) give the analysis of the specimen, if any[; and]
1-45 [(4) include a copy of the criminal complaint filed in
1-46 the case, if any].
1-47 (e) The department shall develop forms [a form] for the
1-48 notice of driver's license suspension and the temporary driving
1-49 permit to [that shall] be used by all state and local law
1-50 enforcement agencies.
1-51 (f) A temporary permit issued under this section is valid
1-52 for 40 days after the date of issuance. If the person was driving
1-53 a commercial motor vehicle, as defined by Section 522.003, a
1-54 temporary driving permit that authorizes an individual to drive a
1-55 commercial motor vehicle is not effective until 24 hours after the
1-56 time of arrest.
1-57 SECTION 2. Subsection (a), Section 524.022, Transportation
1-58 Code, is amended to read as follows:
1-59 (a) A period of suspension under this chapter for an adult
1-60 is:
1-61 (1) 60 days if the person's driving record shows no
1-62 alcohol-related or drug-related enforcement contact during the 10
1-63 [five] years preceding the date of the person's arrest; or
1-64 (2) one year [120 days if the person's driving record
2-1 shows one or more alcohol-related or drug-related enforcement
2-2 contacts, as defined by Section 524.001(2)(B) or (C), during the
2-3 five years preceding the date of the person's arrest; or]
2-4 [(3) 180 days] if the person's driving record shows
2-5 one or more alcohol-related or drug-related enforcement contacts[,
2-6 as defined by Section 524.001(2)(A),] during the 10 [five] years
2-7 preceding the date of the person's arrest.
2-8 SECTION 3. Subsection (d), Section 524.032, Transportation
2-9 Code, is amended to read as follows:
2-10 (d) A request for a hearing stays suspension of a person's
2-11 driver's license until the date of the final decision of the
2-12 administrative law judge. If the person's driver's license was
2-13 taken by a peace officer under Section 524.011(b), the department
2-14 shall notify the person of the effect of the request on the
2-15 suspension of the person's license before the expiration of the
2-16 temporary permit issued to the person, if the person is otherwise
2-17 eligible, in a manner that will permit the person to establish to a
2-18 peace officer that the person's driver's license is not suspended.
2-19 SECTION 4. Subsection (c), Section 524.035, Transportation
2-20 Code, is amended to read as follows:
2-21 (c) If the administrative law judge does not find in the
2-22 affirmative on each issue in Subsection (a), the department shall:
2-23 (1) return the person's driver's license to the
2-24 person, if the license was taken by a peace officer under Section
2-25 524.011(b);
2-26 (2) reinstate the person's driver's license; and
2-27 (3) [(2)] rescind an order prohibiting the issuance of
2-28 a driver's license to the person.
2-29 SECTION 5. Section 524.037, Transportation Code, is amended
2-30 by adding Subsection (c) to read as follows:
2-31 (c) If the person's driver's license was taken by a peace
2-32 officer under Section 524.011(b), the department shall notify the
2-33 person of the effect of the continuance on the suspension of the
2-34 person's license before the expiration of the temporary permit
2-35 issued to the person, if the person is otherwise eligible, in a
2-36 manner that will permit the person to establish to a peace officer
2-37 that the person's driver's license is not suspended.
2-38 SECTION 6. Section 724.015, Transportation Code, is amended
2-39 to read as follows:
2-40 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
2-41 REQUESTING SPECIMEN. (a) Before requesting a person to submit to
2-42 the taking of a specimen, the officer shall inform the person
2-43 orally and in writing that:
2-44 (1) if the person refuses to submit to the taking of
2-45 the specimen, that refusal may be admissible in a subsequent
2-46 prosecution;
2-47 (2) if the person refuses to submit to the taking of
2-48 the specimen, the officer is required to take possession of any
2-49 driver's license issued by this state that is held by the person,
2-50 and the person's license to operate a motor vehicle will be
2-51 automatically suspended, whether or not the person is subsequently
2-52 prosecuted as a result of the arrest, for[:]
2-53 [(A)] not less than one year [90 days if the
2-54 person is 21 years of age or older; or]
2-55 [(B) not less than 120 days if the person is
2-56 younger than 21 years of age];
2-57 (3) if the person is 21 years of age or older and
2-58 submits to the taking of a specimen designated by the officer and
2-59 an analysis of the specimen shows the person had an alcohol
2-60 concentration of a level specified by Chapter 49, Penal Code, the
2-61 officer is required to take possession of any driver's license
2-62 issued by this state that is held by the person, and the person's
2-63 license to operate a motor vehicle will be automatically suspended
2-64 for not less than 60 days, whether or not the person is
2-65 subsequently prosecuted as a result of the arrest;
2-66 (4) if the person is younger than 21 years of age and
2-67 has any detectable amount of alcohol in the person's system:
2-68 (A) [,] the person's license to operate a motor
2-69 vehicle will be automatically suspended for not less than 60 days
3-1 even if the person submits to the taking of the specimen; and
3-2 (B) [, but that] if the person submits to the
3-3 taking of the specimen:
3-4 (i) if an analysis of the specimen shows
3-5 the person had an alcohol concentration of a level specified by
3-6 Chapter 49, Penal Code, the officer is required to take possession
3-7 of any driver's license issued by this state that is held by the
3-8 person; and
3-9 (ii) if [and] an analysis of the specimen
3-10 shows that the person had an alcohol concentration less than the
3-11 level specified by Chapter 49, Penal Code, the person may be
3-12 subject to criminal penalties less severe than those provided under
3-13 that chapter;
3-14 (5) if the officer determines that the person is a
3-15 resident without a license to operate a motor vehicle in this
3-16 state, the department will deny to the person the issuance of a
3-17 license, whether or not the person is subsequently prosecuted as a
3-18 result of the arrest, under the same conditions and for the same
3-19 periods that would have applied to a revocation of the person's
3-20 driver's license if the person had held a driver's license issued
3-21 by this state; and
3-22 (6) the person has a right to a hearing on the
3-23 suspension or denial if, not later than the 15th day after the date
3-24 on which the person receives the notice of suspension or denial or
3-25 on which the person is considered to have received the notice by
3-26 mail as provided by law, the department receives, at its
3-27 headquarters in Austin, a written demand, including a facsimile
3-28 transmission, or a request in another form prescribed by the
3-29 department for the hearing.
3-30 (b) On request by the arrested person after the officer has
3-31 complied with Subsection (a), the officer, in a manner that is not
3-32 coercive or misleading, may explain the information required by
3-33 this section or provide additional information about the
3-34 consequences of the person's submitting or refusing to submit to
3-35 the taking of a specimen. Evidence of a person's refusal to submit
3-36 to the taking of a specimen or of the analysis of the specimen is
3-37 not inadmissible in a hearing under this chapter or in court if the
3-38 arresting officer substantially complies with this section.
3-39 SECTION 7. Section 724.032, Transportation Code, is amended
3-40 to read as follows:
3-41 Sec. 724.032. OFFICER'S DUTIES FOR DRIVER'S LICENSE
3-42 [ISSUANCE BY OFFICER OF NOTICE OF] SUSPENSION [OR DENIAL OF
3-43 LICENSE]; WRITTEN REFUSAL REPORT. (a) If a person refuses to
3-44 submit to the taking of a specimen, whether expressly or because of
3-45 an intentional failure of the person to give the specimen, the
3-46 peace officer shall:
3-47 (1) serve notice of license suspension or denial on
3-48 the person; [and]
3-49 (2) take possession of any driver's license issued by
3-50 this state that is held by the person arrested;
3-51 (3) issue a temporary driving permit to the person
3-52 unless department records show, or the officer otherwise
3-53 determines, that the person does not hold a license or permit to
3-54 operate a motor vehicle in this state; and
3-55 (4) make a written report of the refusal to the
3-56 director of the department.
3-57 (b) The director must approve the form of the refusal
3-58 report. The report must:
3-59 (1) show the grounds for the officer's belief that the
3-60 person had been operating a motor vehicle while intoxicated; and
3-61 (2) contain a copy of:
3-62 (A) the refusal statement requested under
3-63 Section 724.031; or
3-64 (B) a statement signed by the officer that the
3-65 person refused to:
3-66 (i) submit to the taking of the requested
3-67 specimen; and
3-68 (ii) sign the requested statement under
3-69 Section 724.031.
4-1 (c) The officer shall forward to the department [a copy of
4-2 the notice of suspension or denial and the refusal report] not
4-3 later than the fifth business day after the date of the arrest:
4-4 (1) a copy of the notice of suspension or denial;
4-5 (2) any driver's license taken by the officer under
4-6 Subsection (a);
4-7 (3) a copy of any temporary driver's permit issued
4-8 under Subsection (a); and
4-9 (4) a copy of the refusal report.
4-10 (d) The department shall develop forms for notices of
4-11 suspension or denial and temporary driving permits to [that shall]
4-12 be used by all state and local law enforcement agencies.
4-13 (e) A temporary permit issued under this section is valid
4-14 for 40 days after the date of issuance. If the person was driving
4-15 a commercial motor vehicle, as defined by Section 522.003, a
4-16 temporary driving permit that authorizes an individual to drive a
4-17 commercial motor vehicle is not effective until 24 hours after the
4-18 time of arrest.
4-19 SECTION 8. Section 724.035, Transportation Code, is amended
4-20 to read as follows:
4-21 Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
4-22 person refuses the request of a peace officer to submit to the
4-23 taking of a specimen, the department shall:
4-24 (1) suspend the person's license to operate a motor
4-25 vehicle on a public highway for one year [90 days if the person is
4-26 21 years of age or older or 120 days if the person is younger than
4-27 21 years of age]; or
4-28 (2) if the person is a resident without a license,
4-29 issue an order denying the issuance of a license to the person for
4-30 one year [90 days if the person is 21 years of age or older or 120
4-31 days if the person is younger than 21 years of age].
4-32 (b) [The period of suspension or denial is 180 days if the
4-33 person is 21 years of age or older or 240 days if the person is
4-34 younger than 21 years of age and the person's driving record shows
4-35 one or more alcohol-related or drug-related enforcement contacts,
4-36 as defined by Section 524.001(3)(B) or (C), during the five years
4-37 preceding the date of the person's arrest.]
4-38 [(c) The period of suspension or denial is one year if the
4-39 person's driving record shows one or more alcohol-related or
4-40 drug-related enforcement contacts, as defined by Section
4-41 524.001(3)(A), during the five years preceding the date of the
4-42 person's arrest.]
4-43 [(d)] A suspension or denial takes effect on the 40th day
4-44 after the date on which the person:
4-45 (1) receives notice of suspension or denial under
4-46 Section 724.032(a); or
4-47 (2) is considered to have received notice of
4-48 suspension or denial under Section 724.033.
4-49 SECTION 9. Subsection (c), Section 724.041, Transportation
4-50 Code, is amended to read as follows:
4-51 (c) A request for a hearing stays the suspension or denial
4-52 until the date of the final decision of the administrative law
4-53 judge. If the person's driver's license was taken by a peace
4-54 officer under Section 724.032(a), the department shall notify the
4-55 person of the effect of the request on the suspension of the
4-56 person's license before the expiration of the temporary permit
4-57 issued to the person, if the person is otherwise eligible, in a
4-58 manner that will permit the person to establish to a peace officer
4-59 that the person's driver's license is not suspended.
4-60 SECTION 10. Subsection (b), Section 724.043, Transportation
4-61 Code, is amended to read as follows:
4-62 (b) If the administrative law judge does not find in the
4-63 affirmative on each issue under Section 724.042, the department
4-64 shall return the person's driver's license to the person, if the
4-65 license was taken by a peace officer under Section 724.032(a), and
4-66 reinstate the person's license or rescind any order denying the
4-67 issuance of a license because of the person's refusal to submit to
4-68 the taking of a specimen under Section 724.032(a).
4-69 SECTION 11. Section 521.251, Transportation Code, is amended
5-1 by adding Subsection (e) to read as follows:
5-2 (e) The fee for an occupational license issued under this
5-3 subchapter shall be $250 for any occupational license issued to a
5-4 person whose driver's license is currently under suspension as a
5-5 result of an alcohol-related or drug-related enforcement contact
5-6 under Chapter 49, Penal Code, or an administrative license
5-7 suspension under Chapter 524 or 724.
5-8 SECTION 12. The change in law made by this Act applies only
5-9 to a person arrested for an offense committed on or after the
5-10 effective date of this Act. A person arrested for an offense
5-11 committed before the effective date of this Act is covered by the
5-12 law in effect when the offense was committed, and the former law is
5-13 continued in effect for that purpose. For purposes of this
5-14 section, an offense was committed before the effective date of this
5-15 Act if any element of the offense occurred before that date.
5-16 SECTION 13. This Act takes effect September 1, 1999.
5-17 SECTION 14. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.
5-22 * * * * *