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                                  * * * * *