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.