1-1 By: Wolens, Menendez, et al. H.B. No. 63
1-2 (Senate Sponsor - Zaffirini)
1-3 (In the Senate - Received from the House May 11, 2001;
1-4 May 11, 2001, read first time and referred to Committee on Criminal
1-5 Justice; May 11, 2001, reported favorably by the following vote:
1-6 Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the suspension of a person's driver's license following
1-10 the person's arrest for certain intoxication offenses.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 524.001(10), Transportation Code, is
1-13 amended to read as follows:
1-14 (10) "Driver's license" has the meaning assigned by
1-15 Section 521.001. The term includes a commercial driver's license
1-16 or a commercial driver learner's permit issued under Chapter 522.
1-17 SECTION 2. Section 524.011, Transportation Code, is amended
1-18 by amending Subsections (b) and (e) and adding Subsection (f) to
1-19 read as follows:
1-20 (b) A peace officer shall:
1-21 (1) serve or, if a specimen is taken and the analysis
1-22 of the specimen is not returned to the arresting officer before the
1-23 person is admitted to bail, released from custody, delivered as
1-24 provided by Title 3, Family Code, or committed to jail, attempt to
1-25 serve notice of driver's license suspension by delivering the
1-26 notice to the arrested person; [and]
1-27 (2) take possession of any driver's license issued by
1-28 this state and held by the person arrested;
1-29 (3) issue a temporary driving permit to the person
1-30 unless department records show or the officer otherwise determines
1-31 that the person does not hold a driver's license to operate a motor
1-32 vehicle in this state; and
1-33 (4) send to the department not later than the fifth
1-34 business day after the date of the arrest:
1-35 (A) a copy of the driver's license suspension
1-36 notice; [and]
1-37 (B) any driver's license taken by the officer
1-38 under this subsection;
1-39 (C) a copy of any temporary driving permit
1-40 issued under this subsection; and
1-41 (D) a sworn report of information relevant to
1-42 the arrest.
1-43 (e) The department shall develop forms [a form] for the
1-44 notice of driver's license suspension and temporary driving permits
1-45 to [that shall] be used by all state and local law enforcement
1-46 agencies.
1-47 (f) A temporary driving permit issued under this section
1-48 expires on the 41st day after the date of issuance. If the person
1-49 was driving a commercial motor vehicle, as defined by Section
1-50 522.003, a temporary driving permit that authorizes the person to
1-51 drive a commercial motor vehicle is not effective until 24 hours
1-52 after the time of arrest.
1-53 SECTION 3. Section 524.022(a), Transportation Code, is
1-54 amended to read as follows:
1-55 (a) A period of suspension under this chapter for an adult
1-56 is:
1-57 (1) 90 [60] days if the person's driving record shows
1-58 no alcohol-related or drug-related enforcement contact during the
1-59 10 [five] years preceding the date of the person's arrest;
1-60 [(2) 120 days if the person's driving record shows one
1-61 or more alcohol-related or drug-related enforcement contacts, as
1-62 defined by Section 524.001(2)(B) or (C), during the five years
1-63 preceding the date of the person's arrest;] or
1-64 (2) one year [(3) 180 days] if the person's driving
2-1 record shows one or more alcohol-related or drug-related
2-2 enforcement contacts[, as defined by Section 524.001(2)(A),] during
2-3 the 10 [five] years preceding the date of the person's arrest.
2-4 SECTION 4. Section 524.032(d), Transportation Code, is
2-5 amended to read as follows:
2-6 (d) A request for a hearing stays suspension of a person's
2-7 driver's license until the date of the final decision of the
2-8 administrative law judge. If the person's driver's license was
2-9 taken by a peace officer under Section 524.011(b), the department
2-10 shall notify the person of the effect of the request on the
2-11 suspension of the person's license before the expiration of any
2-12 temporary driving permit issued to the person, if the person is
2-13 otherwise eligible, in a manner that will permit the person to
2-14 establish to a peace officer that the person's driver's license is
2-15 not suspended.
2-16 SECTION 5. Section 524.035(c), Transportation Code, is
2-17 amended to read as follows:
2-18 (c) If the administrative law judge does not find in the
2-19 affirmative on each issue in Subsection (a), the department shall:
2-20 (1) return the person's driver's license to the
2-21 person, if the license was taken by a peace officer under Section
2-22 524.011(b);
2-23 (2) reinstate the person's driver's license; and
2-24 (3) [(2)] rescind an order prohibiting the issuance of
2-25 a driver's license to the person.
2-26 SECTION 6. Section 524.037, Transportation Code, is amended
2-27 by adding Subsection (c) to read as follows:
2-28 (c) If the person's driver's license was taken by a peace
2-29 officer under Section 524.011(b), the department shall notify the
2-30 person of the effect of the continuance on the suspension of the
2-31 person's license before the expiration of any temporary driving
2-32 permit issued to the person, if the person is otherwise eligible,
2-33 in a manner that will permit the person to establish to a peace
2-34 officer that the person's driver's license is not suspended.
2-35 SECTION 7. Section 724.002, Transportation Code, is amended
2-36 to read as follows:
2-37 Sec. 724.002. Applicability. The provisions of this chapter
2-38 that apply to suspension of a license for refusal to submit to the
2-39 taking of a specimen (Sections 724.013, 724.015, and 724.048 and
2-40 Subchapters C and D) apply only to a person arrested for an
2-41 offense involving the operation of a motor vehicle or watercraft
2-42 powered with an engine having a manufacturer's rating of 50
2-43 horsepower or above.
2-44 SECTION 8. Section 724.015, Transportation Code, is amended
2-45 to read as follows:
2-46 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
2-47 REQUESTING SPECIMEN. Before requesting a person to submit to the
2-48 taking of a specimen, the officer shall inform the person orally
2-49 and in writing that:
2-50 (1) if the person refuses to submit to the taking of
2-51 the specimen, that refusal may be admissible in a subsequent
2-52 prosecution;
2-53 (2) if the person refuses to submit to the taking of
2-54 the specimen, the person's license to operate a motor vehicle will
2-55 be automatically suspended, whether or not the person is
2-56 subsequently prosecuted as a result of the arrest, for[:]
2-57 [(A)] not less than 180 [90] days [if the person
2-58 is 21 years of age or older; or]
2-59 [(B) not less than 120 days if the person is
2-60 younger than 21 years of age];
2-61 (3) if the person is 21 years of age or older and
2-62 submits to the taking of a specimen designated by the officer and
2-63 an analysis of the specimen shows the person had an alcohol
2-64 concentration of a level specified by Chapter 49, Penal Code, the
2-65 person's license to operate a motor vehicle will be automatically
2-66 suspended for not less than 90 [60] days, whether or not the person
2-67 is subsequently prosecuted as a result of the arrest;
2-68 (4) if the person is younger than 21 years of age and
2-69 has any detectable amount of alcohol in the person's system, the
3-1 person's license to operate a motor vehicle will be automatically
3-2 suspended for not less than 60 days even if the person submits to
3-3 the taking of the specimen, but that if the person submits to the
3-4 taking of the specimen and an analysis of the specimen shows that
3-5 the person had an alcohol concentration less than the level
3-6 specified by Chapter 49, Penal Code, the person may be subject to
3-7 criminal penalties less severe than those provided under that
3-8 chapter;
3-9 (5) if the officer determines that the person is a
3-10 resident without a license to operate a motor vehicle in this
3-11 state, the department will deny to the person the issuance of a
3-12 license, whether or not the person is subsequently prosecuted as a
3-13 result of the arrest, under the same conditions and for the same
3-14 periods that would have applied to a revocation of the person's
3-15 driver's license if the person had held a driver's license issued
3-16 by this state; and
3-17 (6) the person has a right to a hearing on the
3-18 suspension or denial if, not later than the 15th day after the date
3-19 on which the person receives the notice of suspension or denial or
3-20 on which the person is considered to have received the notice by
3-21 mail as provided by law, the department receives, at its
3-22 headquarters in Austin, a written demand, including a facsimile
3-23 transmission, or a request in another form prescribed by the
3-24 department for the hearing.
3-25 SECTION 9. Section 724.032, Transportation Code, is amended
3-26 to read as follows:
3-27 Sec. 724.032. OFFICER'S DUTIES FOR LICENSE [ISSUANCE BY
3-28 OFFICER OF NOTICE OF] SUSPENSION [OR DENIAL OF LICENSE]; WRITTEN
3-29 REFUSAL REPORT. (a) If a person refuses to submit to the taking
3-30 of a specimen, whether expressly or because of an intentional
3-31 failure of the person to give the specimen, the peace officer
3-32 shall:
3-33 (1) serve notice of license suspension or denial on
3-34 the person; [and]
3-35 (2) take possession of any license issued by this
3-36 state and held by the person arrested;
3-37 (3) issue a temporary driving permit to the person
3-38 unless department records show or the officer otherwise determines
3-39 that the person does not hold a license to operate a motor vehicle
3-40 in this state; and
3-41 (4) make a written report of the refusal to the
3-42 director of the department.
3-43 (b) The director must approve the form of the refusal
3-44 report. The report must:
3-45 (1) show the grounds for the officer's belief that the
3-46 person had been operating a motor vehicle or watercraft powered
3-47 with an engine having a manufacturer's rating of 50 horsepower or
3-48 above while intoxicated; and
3-49 (2) contain a copy of:
3-50 (A) the refusal statement requested under
3-51 Section 724.031; or
3-52 (B) a statement signed by the officer that the
3-53 person refused to:
3-54 (i) submit to the taking of the requested
3-55 specimen; and
3-56 (ii) sign the requested statement under
3-57 Section 724.031.
3-58 (c) The officer shall forward to the department [a copy of
3-59 the notice of suspension or denial and the refusal report] not
3-60 later than the fifth business day after the date of the arrest:
3-61 (1) a copy of the notice of suspension or denial;
3-62 (2) any license taken by the officer under Subsection
3-63 (a);
3-64 (3) a copy of any temporary driving permit issued
3-65 under Subsection (a); and
3-66 (4) a copy of the refusal report.
3-67 (d) The department shall develop forms for notices of
3-68 suspension or denial and temporary driving permits to [that shall]
3-69 be used by all state and local law enforcement agencies.
4-1 (e) A temporary driving permit issued under this section
4-2 expires on the 41st day after the date of issuance. If the person
4-3 was driving a commercial motor vehicle, as defined by Section
4-4 522.003, a temporary driving permit that authorizes the person to
4-5 drive a commercial motor vehicle is not effective until 24 hours
4-6 after the time of arrest.
4-7 SECTION 10. Section 724.035, Transportation Code, is
4-8 amended to read as follows:
4-9 Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
4-10 person refuses the request of a peace officer to submit to the
4-11 taking of a specimen, the department shall:
4-12 (1) suspend the person's license to operate a motor
4-13 vehicle on a public highway for 180 [90] days [if the person is 21
4-14 years of age or older or 120 days if the person is younger than 21
4-15 years of age]; or
4-16 (2) if the person is a resident without a license,
4-17 issue an order denying the issuance of a license to the person for
4-18 180 [90] days [if the person is 21 years of age or older or 120
4-19 days if the person is younger than 21 years of age].
4-20 (b) The period of suspension or denial is two years [180
4-21 days] if [the person is 21 years of age or older or 240 days if the
4-22 person is younger than 21 years of age and] the person's driving
4-23 record shows one or more alcohol-related or drug-related
4-24 enforcement contacts, as defined by Section 524.001(3)[(B) or (C)],
4-25 during the 10 [five] years preceding the date of the person's
4-26 arrest.
4-27 (c) [The period of suspension or denial is one year if the
4-28 person's driving record shows one or more alcohol-related or
4-29 drug-related enforcement contacts, as defined by Section
4-30 524.001(3)(A), during the five years preceding the date of the
4-31 person's arrest.]
4-32 [(d)] A suspension or denial takes effect on the 40th day
4-33 after the date on which the person:
4-34 (1) receives notice of suspension or denial under
4-35 Section 724.032(a); or
4-36 (2) is considered to have received notice of
4-37 suspension or denial under Section 724.033.
4-38 SECTION 11. Section 724.041(c), Transportation Code, is
4-39 amended to read as follows:
4-40 (c) A request for a hearing stays the suspension or denial
4-41 until the date of the final decision of the administrative law
4-42 judge. If the person's license was taken by a peace officer under
4-43 Section 724.032(a), the department shall notify the person of the
4-44 effect of the request on the suspension of the person's license
4-45 before the expiration of any temporary driving permit issued to the
4-46 person, if the person is otherwise eligible, in a manner that will
4-47 permit the person to establish to a peace officer that the person's
4-48 license is not suspended.
4-49 SECTION 12. Section 724.042, Transportation Code, is amended
4-50 to read as follows:
4-51 Sec. 724.042. Issues at Hearing. The issues at a hearing
4-52 under this subchapter are whether:
4-53 (1) reasonable suspicion or probable cause existed to
4-54 stop or arrest the person;
4-55 (2) probable cause existed to believe that the person
4-56 was:
4-57 (A) operating a motor vehicle in a public place
4-58 while intoxicated; or
4-59 (B) operating a watercraft powered with an
4-60 engine having a manufacturer's rating of 50 horsepower or above
4-61 while intoxicated;
4-62 (3) the person was placed under arrest by the officer
4-63 and was requested to submit to the taking of a specimen; and
4-64 (4) the person refused to submit to the taking of a
4-65 specimen on request of the officer.
4-66 SECTION 13. Section 724.043(b), Transportation Code, is
4-67 amended to read as follows:
4-68 (b) If the administrative law judge does not find in the
4-69 affirmative on each issue under Section 724.042, the department
5-1 shall return the person's license to the person, if the license was
5-2 taken by a peace officer under Section 724.032(a), and reinstate
5-3 the person's license or rescind any order denying the issuance of a
5-4 license because of the person's refusal to submit to the taking of
5-5 a specimen under Section 724.032(a).
5-6 SECTION 14. (a) Section 524.051(a), Transportation Code, is
5-7 amended to read as follows:
5-8 (a) A driver's license suspended under this chapter may not
5-9 be reinstated or another driver's license issued to the person
5-10 until the person pays the department a fee of $125 [$100] in
5-11 addition to any other fee required by law.
5-12 (b) Section 724.046(a), Transportation Code, is amended to
5-13 read as follows:
5-14 (a) A license suspended under this chapter may not be
5-15 reinstated or a new license issued until the person whose license
5-16 has been suspended pays to the department a fee of $125 [$100] in
5-17 addition to any other fee required by law. A person subject to a
5-18 denial order issued under this chapter may not obtain a license
5-19 after the period of denial has ended until the person pays to the
5-20 department a fee of $125 [$100] in addition to any other fee
5-21 required by law.
5-22 (c) Sections 524.051(a) and 724.046(a), Transportation Code,
5-23 as amended by this section, apply only to a person who applies to
5-24 the Texas Department of Public Safety for the reinstatement of the
5-25 person's driver's license under those sections after the effective
5-26 date of this Act. A person who applied to that department for the
5-27 reinstatement of the person's license under those sections before
5-28 the effective date of this Act is covered by the law in effect on
5-29 the date the person applied for the reinstatement, and the former
5-30 law is continued in effect for that purpose.
5-31 SECTION 15. The change in law made by this Act applies only
5-32 to a person arrested for an offense committed on or after the
5-33 effective date of this Act. A person arrested for an offense
5-34 committed before the effective date of this Act is covered by the
5-35 law in effect when the offense was committed, and the former law is
5-36 continued in effect for that purpose. For purposes of this
5-37 section, an offense was committed before the effective date of this
5-38 Act if any element of the offense occurred before that date.
5-39 SECTION 16. This Act takes effect September 1, 2001.
5-40 * * * * *