SRC- BWC S.B. 57 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 57
77R1475 PEP-DBy: Zaffirini
Jurisprudence
4/11/2001
As Filed


DIGEST AND PURPOSE 

In Texas, 44 percent of persons suspected of driving while intoxicated
refuse to take a breath test, weakening significantly the case against
them.  Prosecutors believe that the Texas refusal rate is so high because
suspects are not presented with choices that encourage them to take the
breath test. Currently, suspects are told that if they refuse to take the
test, then their license will be suspended for 90 days, and if they take
the test but fail it, their license will be suspended for 60 days.
Prosecutors believe that there is not enough of a difference in the
suspension lengths to encourage suspects to take the test.  As proposed,
S.B. 57 revises the Administrative License Revocation program administered
by the Department of Public Safety to lengthen the period of driver's
license suspension for refusal to take a breath or blood test.  Instead of
90 days, the driver's license of any person who refused a test (first
offense) would be suspended for 180 days.  The suspension period for all
persons with prior alcoholrelated convictions (repeat offenders) who refuse
the test would be one year. 

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 724.035, Transportation Code, by requiring the
Department of Public Safety (department) to suspend the license of a
person, who has refused the request of a peace officer to submit to taking
a specimen, for 180, rather than 90, days.  Deletes text that specifies
certain age and days of suspension regarding a suspended license.  Provides
that the suspension or denial  is for one year, rather than 180 days, if
the person's driving record shows one or more alcohol or drug-related
enforcement contacts, as defined by Section 524.001, rather than
524.001(3)(B) or (C), during the five years preceding the date of the
person's arrest.  Makes conforming changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2001.