By Dunnam                                             H.B. No. 2387
         77R7641 YDB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to procedures involved in certain intoxication offenses.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 524.002, Transportation Code, is amended
 1-5     by adding Subsection (d) to read as follows:
 1-6           (d)  The Texas Rules of Appellate Procedure govern an appeal
 1-7     from a decision under this chapter.
 1-8           SECTION 2.  Sections 524.035(a) and (c), Transportation Code,
 1-9     are amended to read as follows:
1-10           (a)  The issues that must be proved at a hearing by a
1-11     preponderance of the evidence are:
1-12                 (1)  whether:
1-13                       (A)  the person had an alcohol concentration of a
1-14     level specified by Section 49.01(2)(B), Penal Code, while operating
1-15     a motor vehicle in a public place; or
1-16                       (B)  the person is a minor and had any detectable
1-17     amount of alcohol in the minor's system while operating a motor
1-18     vehicle in a public place; [and]
1-19                 (2)  whether reasonable suspicion to stop or probable
1-20     cause to arrest the person existed; and
1-21                 (3)  whether the person's alcohol concentration under
1-22     Subdivision (1)(A) was reliably established.
1-23           (c)  If the administrative law judge in the judge's
1-24     discretion does not find in the affirmative on each issue in
 2-1     Subsection (a), the department shall:
 2-2                 (1)  reinstate the person's driver's license; and
 2-3                 (2)  rescind an order prohibiting the issuance of a
 2-4     driver's license to the person.
 2-5           SECTION 3.  Section 724.002, Transportation Code, is amended
 2-6     to read as follows:
 2-7           Sec. 724.002.  APPLICABILITY.  The provisions of this chapter
 2-8     that apply to suspension of a license for refusal to submit to the
 2-9     taking of a specimen (Sections 724.013 and [,] 724.015[, and
2-10     724.048] and Subchapters C and D) apply only to a person arrested
2-11     for an offense involving the operation of a motor vehicle.
2-12           SECTION 4.  Section 724.018, Transportation Code, is amended
2-13     to read as follows:
2-14           Sec. 724.018.  FURNISHING INFORMATION CONCERNING TEST
2-15     RESULTS.  (a)  On the request of a person who has given a specimen
2-16     at the request of a peace officer, full information concerning the
2-17     analysis of the specimen, including any software used and other
2-18     technical data in the possession of the state, shall be made
2-19     available to the person or the person's attorney.
2-20           (b)  A copy of any audio or video recording made at the scene
2-21     of the arrest shall be promptly submitted to the prosecuting
2-22     agency.
2-23           SECTION 5.  Article 55.06, Code of Criminal Procedure, is
2-24     amended to read as follows:
2-25           Art. 55.06.  LICENSE SUSPENSIONS AND REVOCATIONS.  Records
2-26     relating to the suspension or revocation of a driver's license,
2-27     permit, or privilege to operate a motor vehicle may not be expunged
 3-1     under this chapter except as provided in Section 524.015,
 3-2     Transportation Code[, or Section 724.048 of that code].
 3-3           SECTION 6.  Section 724.048, Transportation Code, is
 3-4     repealed.
 3-5           SECTION 7.  (a)  The change in law made by this Act applies
 3-6     only to an offense committed on or after the effective date of this
 3-7     Act.  For the purposes of this section, an offense is committed
 3-8     before the effective date of this Act if any element of the offense
 3-9     occurs before that date.
3-10           (b)  An offense committed before the effective date of this
3-11     Act is governed by the law in effect when the offense was
3-12     committed, and the former law is continued in effect for that
3-13     purpose.
3-14           SECTION 8.  This Act takes effect September 1, 2001.