By Zaffirini S.B. No. 57
77R1475 PEP-D
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.
2-1 (c) [The period of suspension or denial is one year if the
2-2 person's driving record shows one or more alcohol-related or
2-3 drug-related enforcement contacts, as defined by Section
2-4 524.001(3)(A), during the five years preceding the date of the
2-5 person's arrest.]
2-6 [(d)] A suspension or denial takes effect on the 40th day
2-7 after the date on which the person:
2-8 (1) receives notice of suspension or denial under
2-9 Section 724.032(a); or
2-10 (2) is considered to have received notice of
2-11 suspension or denial under Section 724.033.
2-12 SECTION 2. The change in law made by this Act applies only
2-13 to a person arrested on or after the effective date of this Act. A
2-14 person arrested before the effective date of this Act is covered by
2-15 the law in effect when the person was arrested, and the former law
2-16 is continued in effect for that purpose.
2-17 SECTION 3. This Act takes effect September 1, 2001.