By Wolens, et al. H.B. No. 63
77R936 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of a person's driver's license following
1-3 the person's arrest for certain intoxication offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 524.001(10), Transportation Code, is
1-6 amended to read as follows:
1-7 (10) "Driver's license" has the meaning assigned by
1-8 Section 521.001. The term includes a commercial driver's license
1-9 or a commercial driver learner's permit issued under Chapter 522.
1-10 SECTION 2. Section 524.011, Transportation Code, is amended
1-11 by amending Subsections (b) and (e) and adding Subsection (f) to
1-12 read as follows:
1-13 (b) A peace officer shall:
1-14 (1) serve or, if a specimen is taken and the analysis
1-15 of the specimen is not returned to the arresting officer before the
1-16 person is admitted to bail, released from custody, delivered as
1-17 provided by Title 3, Family Code, or committed to jail, attempt to
1-18 serve notice of driver's license suspension by delivering the
1-19 notice to the arrested person; [and]
1-20 (2) take possession of any driver's license issued by
1-21 this state and held by the person arrested;
1-22 (3) issue a temporary driving permit to the person
1-23 unless department records show or the officer otherwise determines
1-24 that the person does not hold a driver's license to operate a motor
2-1 vehicle in this state; and
2-2 (4) send to the department not later than the fifth
2-3 business day after the date of the arrest:
2-4 (A) a copy of the driver's license suspension
2-5 notice; [and]
2-6 (B) any driver's license taken by the officer
2-7 under this subsection;
2-8 (C) a copy of any temporary driving permit
2-9 issued under this subsection; and
2-10 (D) a sworn report of information relevant to
2-11 the arrest.
2-12 (e) The department shall develop forms [a form] for the
2-13 notice of driver's license suspension and temporary driving permits
2-14 to [that shall] be used by all state and local law enforcement
2-15 agencies.
2-16 (f) A temporary driving permit issued under this section
2-17 expires on the 41st day after the date of issuance. If the person
2-18 was driving a commercial motor vehicle, as defined by Section
2-19 522.003, a temporary driving permit that authorizes the person to
2-20 drive a commercial motor vehicle is not effective until 24 hours
2-21 after the time of arrest.
2-22 SECTION 3. Section 524.022(a), Transportation Code, is
2-23 amended to read as follows:
2-24 (a) A period of suspension under this chapter for an adult
2-25 is:
2-26 (1) 90 [60] days if the person's driving record shows
2-27 no alcohol-related or drug-related enforcement contact during the
3-1 10 [five] years preceding the date of the person's arrest;
3-2 [(2) 120 days if the person's driving record shows one
3-3 or more alcohol-related or drug-related enforcement contacts, as
3-4 defined by Section 524.001(2)(B) or (C), during the five years
3-5 preceding the date of the person's arrest;] or
3-6 (2) one year [(3) 180 days] if the person's driving
3-7 record shows one or more alcohol-related or drug-related
3-8 enforcement contacts[, as defined by Section 524.001(2)(A),] during
3-9 the 10 [five] years preceding the date of the person's arrest.
3-10 SECTION 4. Section 524.032(d), Transportation Code, is
3-11 amended to read as follows:
3-12 (d) A request for a hearing stays suspension of a person's
3-13 driver's license until the date of the final decision of the
3-14 administrative law judge. If the person's driver's license was
3-15 taken by a peace officer under Section 524.011(b), the department
3-16 shall notify the person of the effect of the request on the
3-17 suspension of the person's license before the expiration of any
3-18 temporary driving permit issued to the person, if the person is
3-19 otherwise eligible, in a manner that will permit the person to
3-20 establish to a peace officer that the person's driver's license is
3-21 not suspended.
3-22 SECTION 5. Section 524.035(c), Transportation Code, is
3-23 amended to read as follows:
3-24 (c) If the administrative law judge does not find in the
3-25 affirmative on each issue in Subsection (a), the department shall:
3-26 (1) return the person's driver's license to the
3-27 person, if the license was taken by a peace officer under Section
4-1 524.011(b);
4-2 (2) reinstate the person's driver's license; and
4-3 (3) [(2)] rescind an order prohibiting the issuance of
4-4 a driver's license to the person.
4-5 SECTION 6. Section 524.037, Transportation Code, is amended
4-6 by adding Subsection (c) to read as follows:
4-7 (c) If the person's driver's license was taken by a peace
4-8 officer under Section 524.011(b), the department shall notify the
4-9 person of the effect of the continuance on the suspension of the
4-10 person's license before the expiration of any temporary driving
4-11 permit issued to the person, if the person is otherwise eligible,
4-12 in a manner that will permit the person to establish to a peace
4-13 officer that the person's driver's license is not suspended.
4-14 SECTION 7. Section 724.015, Transportation Code, is amended
4-15 to read as follows:
4-16 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
4-17 REQUESTING SPECIMEN. Before requesting a person to submit to the
4-18 taking of a specimen, the officer shall inform the person orally
4-19 and in writing that:
4-20 (1) if the person refuses to submit to the taking of
4-21 the specimen, that refusal may be admissible in a subsequent
4-22 prosecution;
4-23 (2) if the person refuses to submit to the taking of
4-24 the specimen, the person's license to operate a motor vehicle will
4-25 be automatically suspended, whether or not the person is
4-26 subsequently prosecuted as a result of the arrest, for[:]
4-27 [(A)] not less than 180 [90] days [if the person
5-1 is 21 years of age or older; or]
5-2 [(B) not less than 120 days if the person is
5-3 younger than 21 years of age];
5-4 (3) if the person is 21 years of age or older and
5-5 submits to the taking of a specimen designated by the officer and
5-6 an analysis of the specimen shows the person had an alcohol
5-7 concentration of a level specified by Chapter 49, Penal Code, the
5-8 person's license to operate a motor vehicle will be automatically
5-9 suspended for not less than 90 [60] days, whether or not the person
5-10 is subsequently prosecuted as a result of the arrest;
5-11 (4) if the person is younger than 21 years of age and
5-12 has any detectable amount of alcohol in the person's system, the
5-13 person's license to operate a motor vehicle will be automatically
5-14 suspended for not less than 60 days even if the person submits to
5-15 the taking of the specimen, but that if the person submits to the
5-16 taking of the specimen and an analysis of the specimen shows that
5-17 the person had an alcohol concentration less than the level
5-18 specified by Chapter 49, Penal Code, the person may be subject to
5-19 criminal penalties less severe than those provided under that
5-20 chapter;
5-21 (5) if the officer determines that the person is a
5-22 resident without a license to operate a motor vehicle in this
5-23 state, the department will deny to the person the issuance of a
5-24 license, whether or not the person is subsequently prosecuted as a
5-25 result of the arrest, under the same conditions and for the same
5-26 periods that would have applied to a revocation of the person's
5-27 driver's license if the person had held a driver's license issued
6-1 by this state; and
6-2 (6) the person has a right to a hearing on the
6-3 suspension or denial if, not later than the 15th day after the date
6-4 on which the person receives the notice of suspension or denial or
6-5 on which the person is considered to have received the notice by
6-6 mail as provided by law, the department receives, at its
6-7 headquarters in Austin, a written demand, including a facsimile
6-8 transmission, or a request in another form prescribed by the
6-9 department for the hearing.
6-10 SECTION 8. Section 724.032, Transportation Code, is amended
6-11 to read as follows:
6-12 Sec. 724.032. OFFICER'S DUTIES FOR LICENSE [ISSUANCE BY
6-13 OFFICER OF NOTICE OF] SUSPENSION [OR DENIAL OF LICENSE]; WRITTEN
6-14 REFUSAL REPORT. (a) If a person refuses to submit to the taking
6-15 of a specimen, whether expressly or because of an intentional
6-16 failure of the person to give the specimen, the peace officer
6-17 shall:
6-18 (1) serve notice of license suspension or denial on
6-19 the person; [and]
6-20 (2) take possession of any license issued by this
6-21 state and held by the person arrested;
6-22 (3) issue a temporary driving permit to the person
6-23 unless department records show or the officer otherwise determines
6-24 that the person does not hold a license to operate a motor vehicle
6-25 in this state; and
6-26 (4) make a written report of the refusal to the
6-27 director of the department.
7-1 (b) The director must approve the form of the refusal
7-2 report. The report must:
7-3 (1) show the grounds for the officer's belief that the
7-4 person had been operating a motor vehicle while intoxicated; and
7-5 (2) contain a copy of:
7-6 (A) the refusal statement requested under
7-7 Section 724.031; or
7-8 (B) a statement signed by the officer that the
7-9 person refused to:
7-10 (i) submit to the taking of the requested
7-11 specimen; and
7-12 (ii) sign the requested statement under
7-13 Section 724.031.
7-14 (c) The officer shall forward to the department [a copy of
7-15 the notice of suspension or denial and the refusal report] not
7-16 later than the fifth business day after the date of the arrest:
7-17 (1) a copy of the notice of suspension or denial;
7-18 (2) any license taken by the officer under Subsection
7-19 (a);
7-20 (3) a copy of any temporary driving permit issued
7-21 under Subsection (a); and
7-22 (4) a copy of the refusal report.
7-23 (d) The department shall develop forms for notices of
7-24 suspension or denial and temporary driving permits to [that shall]
7-25 be used by all state and local law enforcement agencies.
7-26 (e) A temporary driving permit issued under this section
7-27 expires on the 41st day after the date of issuance. If the person
8-1 was driving a commercial motor vehicle, as defined by Section
8-2 522.003, a temporary driving permit that authorizes the person to
8-3 drive a commercial motor vehicle is not effective until 24 hours
8-4 after the time of arrest.
8-5 SECTION 9. Section 724.035, Transportation Code, is amended
8-6 to read as follows:
8-7 Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
8-8 person refuses the request of a peace officer to submit to the
8-9 taking of a specimen, the department shall:
8-10 (1) suspend the person's license to operate a motor
8-11 vehicle on a public highway for 180 [90] days [if the person is 21
8-12 years of age or older or 120 days if the person is younger than 21
8-13 years of age]; or
8-14 (2) if the person is a resident without a license,
8-15 issue an order denying the issuance of a license to the person for
8-16 180 [90] days [if the person is 21 years of age or older or 120
8-17 days if the person is younger than 21 years of age].
8-18 (b) The period of suspension or denial is two years [180
8-19 days] if [the person is 21 years of age or older or 240 days if the
8-20 person is younger than 21 years of age and] the person's driving
8-21 record shows one or more alcohol-related or drug-related
8-22 enforcement contacts, as defined by Section 524.001(3)[(B) or (C)],
8-23 during the 10 [five] years preceding the date of the person's
8-24 arrest.
8-25 (c) [The period of suspension or denial is one year if the
8-26 person's driving record shows one or more alcohol-related or
8-27 drug-related enforcement contacts, as defined by Section
9-1 524.001(3)(A), during the five years preceding the date of the
9-2 person's arrest.]
9-3 [(d)] A suspension or denial takes effect on the 40th day
9-4 after the date on which the person:
9-5 (1) receives notice of suspension or denial under
9-6 Section 724.032(a); or
9-7 (2) is considered to have received notice of
9-8 suspension or denial under Section 724.033.
9-9 SECTION 10. Section 724.041(c), Transportation Code, is
9-10 amended to read as follows:
9-11 (c) A request for a hearing stays the suspension or denial
9-12 until the date of the final decision of the administrative law
9-13 judge. If the person's license was taken by a peace officer under
9-14 Section 724.032(a), the department shall notify the person of the
9-15 effect of the request on the suspension of the person's license
9-16 before the expiration of any temporary driving permit issued to the
9-17 person, if the person is otherwise eligible, in a manner that will
9-18 permit the person to establish to a peace officer that the person's
9-19 license is not suspended.
9-20 SECTION 11. Section 724.043(b), Transportation Code, is
9-21 amended to read as follows:
9-22 (b) If the administrative law judge does not find in the
9-23 affirmative on each issue under Section 724.042, the department
9-24 shall return the person's license to the person, if the license was
9-25 taken by a peace officer under Section 724.032(a), and reinstate
9-26 the person's license or rescind any order denying the issuance of a
9-27 license because of the person's refusal to submit to the taking of
10-1 a specimen under Section 724.032(a).
10-2 SECTION 12. The change in law made by this Act applies only
10-3 to a person arrested for an offense committed on or after the
10-4 effective date of this Act. A person arrested for an offense
10-5 committed before the effective date of this Act is covered by the
10-6 law in effect when the offense was committed, and the former law is
10-7 continued in effect for that purpose. For purposes of this
10-8 section, an offense was committed before the effective date of this
10-9 Act if any element of the offense occurred before that date.
10-10 SECTION 13. This Act takes effect September 1, 2001.