SRC-JBJ H.B. 63 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 63
By: Wolens (Zaffirini)
Criminal Justice
5/11/2001
Engrossed


DIGEST AND PURPOSE 

The Department of Public Safety (department) is authorized to suspend the
driver's license of an individual who refuses to submit to a breath or
chemical test or who provides a specimen with a prohibited alcohol
concentration. Many drivers are deciding that the additional 30-day
suspension for refusing to submit to a breath test is better than the
consequences of failing a breath test. Several states have enacted stricter
penalties for refusal to take a breath test, including increasing the
amount of time for which licenses are suspended.  H.B. 63 increases the
driver's license suspension period for a person who refuses to take the
breath test or fails the breath test and authorizes an arresting officer to
confiscate a driver's license at the time of arrest for refusal to take, or
failure of, a breath test.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 524.001(10), Transportation Code, to redefine
"driver's license." 

SECTION 2.  Amends Section 524.011, Transportation Code, by amending
Subsections (b) and (e) and adding Subsection (f), to amend provisions
regarding the procedures for the issuance of a driver's license suspension
and a temporary driving permit. 

SECTION 3.  Amends Section 524.022(a), Transportation Code, to amend
provisions regarding the term of a license suspension under certain
conditions. 

SECTION 4.  Amends Section 524.032(d), Transportation Code, to amend
provisions regarding a request for a hearing on a suspension of a driver's
license. 

SECTION 5.  Amends Section 524.035(c), Transportation Code, to amend
provisions regarding certain actions required of the Texas Department of
Public Safety (department) under certain conditions. 

SECTION 6.  Amends Section 524.037, Transportation Code, by adding
Subsection (c), to set forth provisions regarding the notification of
certain information relating to the continuance of a suspension of a
driver's license. 

SECTION 7.  Amends Section 724.002, Transportation Code, to amend
provisions regarding the application of this chapter. 

SECTION 8.  Amends Section 724.015, Transportation Code, to amend
provisions regarding certain information provided by an officer before the
officer requests a specimen sample. 

SECTION 9.  Amends Section 724.032, Transportation Code, as follows:
 
Sec. 724.032.  New heading:  OFFICER'S DUTIES FOR LICENSE SUSPENSION;
WRITTEN REFUSAL REPORT.  Amends provisions regarding certain duties and
procedures for an officer relating to the suspension of a driver's license. 

SECTION 10.  Amends Section 724.035, Transportation Code, to amend
provisions regarding procedures for the suspension or denial of a license
for the refusal to submit to the taking of a specimen. 

SECTION 11.  Amends Section 724.041(c), Transportation Code, to amend
provisions regarding a request for a hearing on a suspension of a driver's
license. 

SECTION 12.  Amends Section 724.042, Transportation Code, to amend
provisions regarding the issues at a certain hearing. 

SECTION 13.  Amends Section 724.043(b), Transportation Code, to amend
provisions regarding certain required action upon certain findings of the
administrative law judge. 

SECTION 14.  (a) Amends Section 524.051(a), Transportation Code, to amend
provisions regarding a fee for the reinstatement of a driver's license. 

 (b)  Amends Section 724.046(a), Transportation Code, to make conforming
changes. 

(c)  Makes application of Sections 524.051(a) and 724.046(a),
Transportation Code, as amended by this section, prospective. 

SECTION 15.   Makes application of this Act prospective.

SECTION 16.   Effective date: September 1, 2001.