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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension or denial of the driver's license of a |
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person who refuses to submit to the taking of a specimen to test for |
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intoxication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.001, Transportation Code, is amended |
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by adding Subdivision (8-a) to read as follows: |
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(8-a) "Ignition interlock device" has the meaning |
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assigned by Section 521.241. |
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SECTION 2. Section 724.015, Transportation Code, is amended |
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to read as follows: |
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Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE |
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REQUESTING SPECIMEN. Before requesting a person to submit to the |
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taking of a specimen, the officer shall inform the person orally and |
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in writing that: |
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(1) if the person refuses to submit to the taking of |
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the specimen, that refusal may be admissible in a subsequent |
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prosecution; |
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(2) if the person refuses to submit to the taking of |
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the specimen, the person's license to operate a motor vehicle will |
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be automatically suspended, whether or not the person is |
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subsequently prosecuted as a result of the arrest, for not less |
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than: |
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(A) 180 days; or |
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(B) 90 days and the person restricted to the |
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operation of a motor vehicle equipped with an ignition interlock |
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device for not less than 90 days beginning on the date following the |
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last day of the license suspension, if the person: |
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(i) applies to the department to have the |
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person's license reinstated after 90 days; and |
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(ii) presents evidence satisfactory to the |
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department showing that the person has had installed an ignition |
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interlock device on any motor vehicle of which the person is a |
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registered owner; |
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(3) if the person is 21 years of age or older and |
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submits to the taking of a specimen designated by the officer and an |
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analysis of the specimen shows the person had an alcohol |
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concentration of a level specified by Chapter 49, Penal Code, the |
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person's license to operate a motor vehicle will be automatically |
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suspended for not less than 90 days, whether or not the person is |
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subsequently prosecuted as a result of the arrest; |
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(4) if the person is younger than 21 years of age and |
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has any detectable amount of alcohol in the person's system, the |
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person's license to operate a motor vehicle will be automatically |
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suspended for not less than 60 days even if the person submits to |
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the taking of the specimen, but that if the person submits to the |
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taking of the specimen and an analysis of the specimen shows that |
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the person had an alcohol concentration less than the level |
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specified by Chapter 49, Penal Code, the person may be subject to |
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criminal penalties less severe than those provided under that |
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chapter; |
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(5) if the officer determines that the person is a |
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resident without a license to operate a motor vehicle in this state, |
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the department will deny to the person the issuance of a license, |
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whether or not the person is subsequently prosecuted as a result of |
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the arrest, under the same conditions and for the same periods that |
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would have applied to a suspension [revocation] of the person's |
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driver's license if the person had held a driver's license issued by |
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this state; and |
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(6) the person has a right to a hearing on the |
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suspension or denial if, not later than the 15th day after the date |
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on which the person receives the notice of suspension or denial or |
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on which the person is considered to have received the notice by |
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mail as provided by law, the department receives, at its |
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headquarters in Austin, a written demand, including a facsimile |
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transmission, or a request in another form prescribed by the |
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department for the hearing. |
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SECTION 3. Subsections (a), (c), and (d), Section 724.032, |
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Transportation Code, are amended to read as follows: |
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(a) If a person refuses to submit to the taking of a |
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specimen, whether expressly or because of an intentional failure of |
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the person to give the specimen, the peace officer shall: |
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(1) serve notice of license suspension, license [or] |
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denial, or license suspension or denial followed by a restriction |
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of the person to the operation of a motor vehicle equipped with an |
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ignition interlock device on the person; |
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(2) take possession of any license issued by this |
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state and held by the person arrested; |
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(3) issue a temporary driving permit to the person |
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unless department records show or the officer otherwise determines |
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that the person does not hold a license to operate a motor vehicle |
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in this state; and |
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(4) make a written report of the refusal to the |
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director of the department. |
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(c) The officer shall forward to the department not later |
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than the fifth business day after the date of the arrest: |
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(1) a copy of the notice served under Subsection (a) |
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[of suspension or denial]; |
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(2) any license taken by the officer under Subsection |
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(a); |
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(3) a copy of any temporary driving permit issued |
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under Subsection (a); and |
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(4) a copy of the refusal report. |
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(d) The department shall develop forms for notices required |
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by this section [of suspension or denial] and temporary driving |
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permits to be used by all state and local law enforcement agencies. |
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SECTION 4. The heading to Section 724.033, Transportation |
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Code, is amended to read as follows: |
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Sec. 724.033. ISSUANCE BY DEPARTMENT OF NOTICE OF LICENSE |
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SUSPENSION, [OR] DENIAL OF LICENSE, OR LICENSE SUSPENSION OR DENIAL |
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WITH RESTRICTION. |
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SECTION 5. Subsection (a), Section 724.033, Transportation |
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Code, is amended to read as follows: |
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(a) On receipt of a report of a peace officer under Section |
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724.032, if the officer did not serve notice as required by that |
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section [of suspension or denial of a license] at the time of |
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refusal to submit to the taking of a specimen, the department shall |
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mail notice [of suspension or denial], by first class mail, to the |
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person at the address of the person shown by the records of the |
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department or to the address given in the peace officer's report, if |
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different. The notice shall state whether the person's license to |
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operate a motor vehicle will be suspended or denied for not less |
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than: |
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(1) 180 days; or |
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(2) 90 days and the person restricted to the operation |
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of a motor vehicle equipped with an ignition interlock device for: |
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(A) 90 days beginning on the date following the |
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last day of the license suspension or denial, if the person: |
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(i) applies to the department to have the |
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person's license reinstated after 90 days; and |
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(ii) presents evidence satisfactory to the |
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department showing that the person has had installed an ignition |
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interlock device on any motor vehicle of which the person is a |
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registered owner; or |
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(B) two years beginning on the date following the |
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last day of the license suspension or denial if the person's driving |
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record shows one or more alcohol-related or drug-related |
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enforcement contacts, as defined by Section 524.001(3), during the |
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10 years preceding the date of the person's arrest, if the person: |
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(i) applies to the department to have the |
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person's license reinstated after 90 days; and |
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(ii) presents evidence satisfactory to the |
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department showing that the person has had installed an ignition |
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interlock device on any motor vehicle of which the person is a |
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registered owner. |
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SECTION 6. Section 724.034, Transportation Code, is amended |
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to read as follows: |
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Sec. 724.034. CONTENTS OF NOTICE OF LICENSE SUSPENSION, |
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LICENSE [OR] DENIAL, OR SUSPENSION OR DENIAL OF LICENSE WITH |
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DRIVING RESTRICTION. (a) A notice under Section 724.033 [of
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suspension or denial of a license] must state: |
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(1) the reason and statutory grounds for the action; |
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(2) as applicable, the effective date of: |
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(A) the 180-day driver's license suspension or |
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denial; or |
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(B) the 90-day driver's license suspension or |
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denial preceding: |
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(i) the 90-day restriction to the operation |
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of a motor vehicle equipped with an ignition interlock device; or |
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(ii) the two-year restriction to the |
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operation of a motor vehicle equipped with an ignition interlock |
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device if the person's driving record shows one or more |
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alcohol-related or drug-related enforcement contacts, as defined |
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by Section 524.001(3), during the 10 years preceding the date of the |
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person's arrest; |
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(3) the right of the person to a hearing; |
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(4) how to request a hearing; and |
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(5) the period in which a request for a hearing must be |
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received by the department. |
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(b) The notice required under Subsection (a) must include |
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instructions detailing the procedures for applying for the 90-day |
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suspension as provided by Subsection (a)(2)(B) with a restriction |
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to the operation of a motor vehicle equipped with an ignition |
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interlock device. |
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SECTION 7. The heading to Section 724.035, Transportation |
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Code, is amended to read as follows: |
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Sec. 724.035. SUSPENSION, [OR] DENIAL, OR SUSPENSION OR |
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DENIAL OF LICENSE WITH DRIVING RESTRICTION. |
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SECTION 8. Section 724.035, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (b), if [If] a person |
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refuses the request of a peace officer to submit to the taking of a |
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specimen, the department shall[:
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[(1)] suspend the person's license to operate a motor |
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vehicle on a public highway for: |
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(1) 180 days; or |
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(2) 90 days and restrict the person to the operation of |
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a motor vehicle equipped with an ignition interlock device for 90 |
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days beginning on the date following the last day of the license |
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suspension, if the person: |
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(A) applies to the department to have the |
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person's license reinstated after 90 days; and |
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(B) presents evidence satisfactory to the |
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department showing that the person has had installed an ignition |
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interlock device on any motor vehicle of which the person is a |
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registered owner. |
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(a-1) If a person refuses the request of a peace officer to |
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submit to the taking of a specimen and [if] the person is a resident |
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without a license, the department shall issue an order denying the |
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issuance of a license to the person for 180 days. |
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(b) Notwithstanding Subsection (a), [The period of
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suspension or denial is two years] if the person's driving record |
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shows one or more alcohol-related or drug-related enforcement |
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contacts, as defined by Section 524.001(3), during the 10 years |
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preceding the date of the person's arrest, the period of suspension |
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or denial is 90 days and the department shall restrict the person to |
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the operation of a motor vehicle with an ignition interlock device |
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for two years beginning on the date following the last day of the |
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license suspension or denial, if the person: |
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(1) applies to the department to have the person's |
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license reinstated after 90 days; and |
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(2) presents evidence satisfactory to the department |
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showing that the person has had installed an ignition interlock |
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device on any motor vehicle of which the person is a registered |
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owner. |
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SECTION 9. Section 724.046, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A license suspended under this chapter may not be |
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reinstated or a new license issued until the person whose license |
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has been suspended: |
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(1) pays to the department a fee of $125 in addition to |
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any other fee required by law; and |
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(2) if the person is required to have installed an |
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ignition interlock device, presents evidence satisfactory to the |
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department showing that the person has had installed the device on |
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any motor vehicle of which the person is a registered owner[. A
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person subject to a denial order issued under this chapter may not
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obtain a license after the period of denial has ended until the
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person pays to the department a fee of $125 in addition to any other
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fee required by law]. |
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(a-1) A person subject to a denial order issued under this |
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chapter may not obtain a license after the period of denial has |
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ended until the person: |
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(1) pays to the department a fee of $125 in addition to |
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any other fee required by law; and |
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(2) if the person is required to have installed an |
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ignition interlock device, presents evidence satisfactory to the |
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department showing that the person has had installed the device on |
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any motor vehicle of which the person is a registered owner. |
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SECTION 10. Subsections (b) and (c), Section 724.048, |
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Transportation Code, are amended to read as follows: |
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(b) Except as provided by Subsection (c), the disposition of |
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a criminal charge does not affect a license suspension, [or] |
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denial, or suspension or denial with restriction under this chapter |
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and is not an estoppel as to any matter in issue in a suspension or |
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denial proceeding under this chapter. |
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(c) If a criminal charge arising from the same arrest as a |
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suspension under this chapter results in an acquittal, the |
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suspension under this chapter may not be imposed and a person may |
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not be restricted to the operation of a motor vehicle with an |
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ignition interlock device. If a suspension under this chapter has |
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already been imposed, the department shall rescind the suspension |
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and remove references to the suspension from the computerized |
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driving record of the individual. |
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SECTION 11. The change in law made by this Act applies only |
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to the refusal to submit to the taking of a specimen to test for |
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intoxication on or after the effective date of this Act. A refusal |
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to submit to the taking of a specimen that occurs before the |
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effective date of this Act is covered by the law in effect when the |
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refusal was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 12. This Act takes effect September 1, 2007. |