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                                  * * * * *