1-1 By: Zaffirini S.B. No. 57
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 18, 2001, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 18, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the period of the suspension of a driver's license on
1-9 refusal to give a specimen of the person's breath or blood.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 724.035, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 724.035. SUSPENSION OR DENIAL OF LICENSE. (a) If a
1-14 person refuses the request of a peace officer to submit to the
1-15 taking of a specimen, the department shall:
1-16 (1) suspend the person's license to operate a motor
1-17 vehicle on a public highway for 180 [90] days [if the person is 21
1-18 years of age or older or 120 days if the person is younger than 21
1-19 years of age]; or
1-20 (2) if the person is a resident without a license,
1-21 issue an order denying the issuance of a license to the person for
1-22 180 [90] days [if the person is 21 years of age or older or 120
1-23 days if the person is younger than 21 years of age].
1-24 (b) The period of suspension or denial is one year [180
1-25 days] if [the person is 21 years of age or older or 240 days if the
1-26 person is younger than 21 years of age and] the person's driving
1-27 record shows one or more alcohol-related or drug-related
1-28 enforcement contacts, as defined by Section 524.001 [Section
1-29 524.001(3)(B) or (C)], during the five years preceding the date of
1-30 the person's arrest.
1-31 (c) [The period of suspension or denial is one year if the
1-32 person's driving record shows one or more alcohol-related or
1-33 drug-related enforcement contacts, as defined by Section
1-34 524.001(3)(A), during the five years preceding the date of the
1-35 person's arrest.]
1-36 [(d)] A suspension or denial takes effect on the 40th day
1-37 after the date on which the person:
1-38 (1) receives notice of suspension or denial under
1-39 Section 724.032(a); or
1-40 (2) is considered to have received notice of
1-41 suspension or denial under Section 724.033.
1-42 SECTION 2. The change in law made by this Act applies only
1-43 to a person arrested on or after the effective date of this Act. A
1-44 person arrested before the effective date of this Act is covered by
1-45 the law in effect when the person was arrested, and the former law
1-46 is continued in effect for that purpose.
1-47 SECTION 3. This Act takes effect September 1, 2001.
1-48 * * * * *