HBA-AMW, SEP H.B. 63 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 63
By: Wolens
Criminal Jurisprudence
3/9/2001
Introduced



BACKGROUND AND PURPOSE 

The Department of Public Safety (DPS) is authorized to suspend the driver's
license of an individual who refuses to submit to a breath or chemical test
or 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.  House Bill 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 63 amends the Transportation Code to require a peace officer to
take possession of any stateissued driver's license of and to issue a
temporary driving permit to a person who is arrested for driving while
intoxicated, intoxication assault, or intoxication manslaughter or a person
who refuses to submit to the taking of a specimen of the person's breath or
blood.  The peace officer is not required to issue a temporary driving
permit to a person who does not hold a valid driver's license.  The bill
requires the peace officer to send to the Department of Public Safety (DPS)
the driver's license and other information relevant to the arrest.  The
bill sets forth expiration and effective dates for the temporary driving
permit (Sec. 524.011). 

The bill increases the length of time that a license may be suspended for a
person who commits specified alcohol-related offenses and increases the
period of time from five years to ten years for which a person's driving
record shows an alcohol-related or drug-related enforcement contact
preceding a person's arrest. 
The length of time that a license may be suspended is increased from:

 _60 to 90 days, for a person who has no alcohol-related or drug-related
enforcement contacts during the preceding ten years; 
 
 _120 days to one year, for a person who has previously had a license
suspended for refusing to submit a specimen or having an alcohol
concentration above the legal limit during the preceding ten years; 
 
 _180 days to one year, for a person who has been previously convicted of
an alcoholrelated or drug-related offense during the preceding ten years
(Sec. 524.022). 

The bill requires DPS to notify persons of the effect of a request for a
hearing to stay suspension of a license and the effect of a request for a
continuance (Sec. 524.037). 
 

The bill increases the length of time from 90 to 180 days that  DPS is
required to suspend the license of a person who refuses to submit a
specimen.  The length of the suspension is increased from 120 to 180 days
if the person is younger than 21 years of age.  The bill provides that the
length of the suspension is increased from 180 days to two years if the
person's driving record shows one or more alcohol-related or drugrelated
enforcement contacts during the preceding ten years.  For a person younger
than 21 years of age, the period of suspension is increased from 240 days
to two years (Sec. 724.015).   

EFFECTIVE DATE

September 1, 2001.