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78R7161 JD-F
By: Riddle, Hamric, Branch, Eissler H.B. No. 1611
A BILL TO BE ENTITLED
AN ACT
relating to the civil and criminal consequences of a person's
refusal to consent to the taking of a blood or breath specimen to
test for intoxication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 724.002, Transportation Code, is amended
to read as follows:
Sec. 724.002. APPLICABILITY. The provisions of this
chapter that apply to suspension of a license for refusal to submit
to the taking of a specimen (Sections [724.013,] 724.015[,] and
724.048 and Subchapters C and D) apply only to a person arrested for
an offense involving the operation of a motor vehicle or watercraft
powered with an engine having a manufacturer's rating of 50
horsepower or above.
SECTION 2. Section 724.013, Transportation Code, is amended
to read as follows:
Sec. 724.013. REFUSAL TO SUBMIT TO [PROHIBITION ON] TAKING
OF SPECIMEN [IF PERSON REFUSES]; PENALTY [EXCEPTION]. (a) A person
commits an offense if the [Except as provided by Section
724.012(b), a specimen may not be taken if a] person refuses to
submit to the taking of a specimen designated by a peace officer
under Section 724.012.
(b) Except as provided by Subsections (c) and (d), an
offense under Subsection (a) is a Class B misdemeanor.
(c) An offense under Subsection (a) is a Class A misdemeanor
if it is shown on the trial of the offense that the person has
previously been convicted one time of:
(1) an offense relating to the operating of a motor
vehicle while intoxicated;
(2) an offense of operating an aircraft while
intoxicated;
(3) an offense of operating a watercraft while
intoxicated; or
(4) an offense of operating or assembling an amusement
ride while intoxicated.
(d) An offense under Subsection (a) is a felony of the third
degree if it is shown on the trial of the offense that the person has
previously been convicted:
(1) one time of:
(A) an offense under Section 49.08, Penal Code;
or
(B) an offense under the law of another state
that contains elements that are substantially similar to the
elements of an offense under Section 49.08 of that code; or
(2) two times of:
(A) an offense relating to the operating of a
motor vehicle while intoxicated;
(B) an offense of operating an aircraft while
intoxicated;
(C) an offense of operating a watercraft while
intoxicated; or
(D) an offense of operating or assembling an
amusement ride while intoxicated.
(e) In this section, "offense relating to the operating of a
motor vehicle while intoxicated," "offense of operating an aircraft
while intoxicated," "offense of operating a watercraft while
intoxicated," and "offense of operating or assembling an amusement
ride while intoxicated" have the meanings assigned by Section
49.09, Penal Code.
SECTION 3. Section 724.015, Transportation Code, is amended
to read as follows:
Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
REQUESTING SPECIMEN. Before requesting a person to submit to the
taking of a specimen, the officer shall inform the person orally and
in writing that:
(1) if the person refuses to submit to the taking of
the specimen, that refusal:
(A) is an offense under Section 724.013; and
(B) may be admissible in a subsequent
prosecution;
(2) if the person refuses to submit to the taking of
the specimen, the person's license to operate a motor vehicle will
be automatically suspended, whether or not the person is
subsequently prosecuted as a result of the arrest, for not less than
180 days;
(3) if the person is 21 years of age or older and
submits to the taking of a specimen designated by the officer and an
analysis of the specimen shows the person had an alcohol
concentration of a level specified by Chapter 49, Penal Code, the
person's license to operate a motor vehicle will be automatically
suspended for not less than 90 days, whether or not the person is
subsequently prosecuted as a result of the arrest;
(4) if the person is younger than 21 years of age and
has any detectable amount of alcohol in the person's system, the
person's license to operate a motor vehicle will be automatically
suspended for not less than 60 days even if the person submits to
the taking of the specimen, but that if the person submits to the
taking of the specimen and an analysis of the specimen shows that
the person had an alcohol concentration less than the level
specified by Chapter 49, Penal Code, the person may be subject to
criminal penalties less severe than those provided under that
chapter;
(5) if the officer determines that the person is a
resident without a license to operate a motor vehicle in this state,
the department will deny to the person the issuance of a license,
whether or not the person is subsequently prosecuted as a result of
the arrest, under the same conditions and for the same periods that
would have applied to a revocation of the person's driver's license
if the person had held a driver's license issued by this state; and
(6) the person has a right to a hearing on the
suspension or denial if, not later than the 15th day after the date
on which the person receives the notice of suspension or denial or
on which the person is considered to have received the notice by
mail as provided by law, the department receives, at its
headquarters in Austin, a written demand, including a facsimile
transmission, or a request in another form prescribed by the
department for the hearing.
SECTION 4. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003.
(c) An offense committed before September 1, 2003, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before September 1, 2003, if
any element of the offense was committed before that date.