1-1     By:  Zaffirini                                          S.B. No. 58
 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 19, 2001, reported favorably, as amended, by the following
 1-5     vote:  Yeas 5, Nays 0; April 19, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Ellis
 1-7     Amend S.B. No. 58, in SECTION 1 of the bill, Subsection (c), by
 1-8     striking the word "court" and inserting in its place "a subsequent
 1-9     prosecution" (Introduced version, page 2, line 10).
1-10                            A BILL TO BE ENTITLED
1-11                                   AN ACT
1-12     relating to the information provided by a peace officer to a person
1-13     arrested for certain alcohol-related offenses.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Section 724.015, Transportation Code, is amended
1-16     to read as follows:
1-17           Sec. 724.015.  INFORMATION PROVIDED BY OFFICER BEFORE
1-18     REQUESTING SPECIMEN.  (a)  Before requesting a person to submit to
1-19     the taking of a specimen, the officer shall inform the person
1-20     orally and in writing that:
1-21                 (1)  if the person refuses to submit to the taking of
1-22     the specimen, that refusal may be admissible in a subsequent
1-23     prosecution;
1-24                 (2)  if the person refuses to submit to the taking of
1-25     the specimen, the person's license to operate a motor vehicle will
1-26     be automatically suspended, whether or not the person is
1-27     subsequently prosecuted as a result of the arrest, for:
1-28                       (A)  not less than 90 days if the person is 21
1-29     years of age or older; or
1-30                       (B)  not less than 120 days if the person is
1-31     younger than 21 years of age;
1-32                 (3)  if the person is 21 years of age or older and
1-33     submits to the taking of a specimen designated by the officer and
1-34     an analysis of the specimen shows the person had an alcohol
1-35     concentration of a level specified by Chapter 49, Penal Code, the
1-36     person's license to operate a motor vehicle will be automatically
1-37     suspended for not less than 60 days, whether or not the person is
1-38     subsequently prosecuted as a result of the arrest;
1-39                 (4)  if the person is younger than 21 years of age and
1-40     has any detectable amount of alcohol in the person's system, the
1-41     person's license to operate a motor vehicle will be automatically
1-42     suspended for not less than 60 days even if the person submits to
1-43     the taking of the specimen, but that if the person submits to the
1-44     taking of the specimen and an analysis of the specimen shows that
1-45     the person had an alcohol concentration less than the level
1-46     specified by Chapter 49, Penal Code, the person may be subject to
1-47     criminal penalties less severe than those provided under that
1-48     chapter;
1-49                 (5)  if the officer determines that the person is a
1-50     resident without a license to operate a motor vehicle in this
1-51     state, the department will deny to the person the issuance of a
1-52     license, whether or not the person is subsequently prosecuted as a
1-53     result of the arrest, under the same conditions and for the same
1-54     periods that would have applied to a revocation of the person's
1-55     driver's license if the person had held a driver's license issued
1-56     by this state; and
1-57                 (6)  the person has a right to a hearing on the
1-58     suspension or denial if, not later than the 15th day after the date
1-59     on which the person receives the notice of suspension or denial or
1-60     on which the person is considered to have received the notice by
1-61     mail as provided by law, the department receives, at its
1-62     headquarters in Austin, a written demand, including a facsimile
1-63     transmission, or a request in another form prescribed by the
 2-1     department for the hearing.
 2-2           (b)  On request by the arrested person after the officer has
 2-3     complied with Subsection (a), the officer, in a manner that is not
 2-4     coercive or misleading, may explain the information required by
 2-5     this section or provide additional information about the
 2-6     consequences of the person's submitting or refusing to submit to
 2-7     the taking of the specimen.
 2-8           (c)  Evidence of a person's refusal to submit to the taking
 2-9     of a specimen or of the analysis of the specimen is admissible in a
2-10     hearing under this chapter or in court if the arresting officer
2-11     substantially complies with this section.
2-12           SECTION 2.  The change in law made by this Act applies only
2-13     to a person arrested on or after September 1, 2001, and to the
2-14     admissibility of evidence regarding a person arrested on or after
2-15     that date.  A person arrested before September 1, 2001, and the
2-16     admissibility of evidence regarding a person arrested before that
2-17     date are covered by the law in effect when the person was arrested,
2-18     and the former law is continued in effect for that purpose.
2-19           SECTION 3.  This Act takes effect September 1, 2001.
2-20                                  * * * * *