C.S.S.B. 191 78(R)    BILL ANALYSIS


C.S.S.B. 191
By: Carona
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Following the arrest of a driver for the offenses of Driving While
Intoxicated, Intoxication Assault, or Intoxication Manslaughter, the
suspect's driver's license is suspended if the driver either refused to
consent to the taking of a blood or breath specimen or gave a specimen
that exceeded a blood alcohol content of .08. Under current law a
challenge of the suspension is pursued by the defendant through a state
administrative hearing process, even though the issues to be resolved
arise solely from the facts that gave rise to the arrest.   

C.S.S.B. 191 would eliminate the state administrative license revocation
program from the Department of Public Safety and return the forum for the
challenge of a license suspension back to the county court where the
criminal case is pending.  Having a concurrent administrative forum for
the litigation of the issue of the license suspension, separate and apart
from the criminal court, is costly and inefficient.  The criminal court is
already possessed of the relevant documents relating to the resolution of
the issue, which is whether there was probable cause for the arrest, and
whether the suspect refused the test, or whether the suspect exceeded the
blood alcohol level where a test was administered.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.S.B. 191 amends the Transportation Code to eliminate the state
administrative license revocation program from the Department of Public
Safety (DPS) and return the forum for the challenge of a license
suspension back to the county court where the criminal case is pending.
The bill makes the necessary procedural changes to remove the
responsibility for revocation due to a failure to pass a test for
intoxication and for refusal to consent to the taking of a blood or breath
specimen from DPS to a county court.  

Furthermore, if a county possesses a certified breath alcohol testing
program but does not utilize the services of a technician employed by DPS,
then DPS must remit a portion of the penalty to the county. 

EFFECTIVE DATE

January 1, 2004.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the engrossed bill by eliminating the state
administrative license revocation program from the Department of Public
Safety (DPS) and returning the forum for the challenge of a license
suspension back to the county court where the criminal case is pending.
The substitute makes the necessary procedural changes to remove the
responsibility for revocation due to a failure to pass a test for
intoxication and for refusal to consent to the taking of a blood or breath
specimen from DPS to a county court. The substitute removes from the
engrossed bill language which increased the penalty amount assessed for
not passing an intoxication test from $125 to $140  which a person must
pay in order to have their driver's license reinstated. The substitute
also changes the effective date from September 1, 2003, to January 1,
2004.