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                                  * * * * *