By:  Zaffirini                                          S.B. No. 57
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the period of the suspension of a driver's license on
 1-3     refusal to give a specimen of the person's breath or blood.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 724.035, Transportation Code, is amended
 1-6     to read as follows:
 1-7           Sec. 724.035.  SUSPENSION OR DENIAL OF LICENSE.  (a)  If a
 1-8     person refuses the request of a peace officer to submit to the
 1-9     taking of a specimen, the department shall:
1-10                 (1)  suspend the person's license to operate a motor
1-11     vehicle on a public highway for 180 [90] days [if the person is 21
1-12     years of age or older or 120 days if the person is younger than 21
1-13     years of age]; or
1-14                 (2)  if the person is a resident without a license,
1-15     issue an order denying the issuance of a license to the person for
1-16     180 [90] days [if the person is 21 years of age or older or 120
1-17     days if the person is younger than 21 years of age].
1-18           (b)  The period of suspension or denial is one year [180
1-19     days] if [the person is 21 years of age or older or 240 days if the
1-20     person is younger than 21 years of age and] the person's driving
1-21     record shows one or more alcohol-related or drug-related
1-22     enforcement contacts, as defined by Section 524.001 [Section
1-23     524.001(3)(B) or (C)], during the five years preceding the date of
1-24     the person's arrest.
1-25           (c)  [The period of suspension or denial is one year if the
 2-1     person's driving record shows one or more alcohol-related or
 2-2     drug-related enforcement contacts, as defined by Section
 2-3     524.001(3)(A), during the five years preceding the date of the
 2-4     person's arrest.]
 2-5           [(d)]  A suspension or denial takes effect on the 40th day
 2-6     after the date on which the person:
 2-7                 (1)  receives notice of suspension or denial under
 2-8     Section 724.032(a); or
 2-9                 (2)  is considered to have received notice of
2-10     suspension or denial under Section 724.033.
2-11           SECTION 2.  The change in law made by this Act applies only
2-12     to a person arrested on or after the effective date of this Act.  A
2-13     person arrested before the effective date of this Act is covered by
2-14     the law in effect when the person was arrested, and the former law
2-15     is continued in effect for that purpose.
2-16           SECTION 3.  This Act takes effect September 1, 2001.