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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect of a dismissal of the underlying criminal |
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charge on the suspension of a person's driver's license for a |
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failure to pass a test for intoxication or a refusal to submit to |
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the taking of a breath or blood specimen. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 524.015(b), Transportation Code, is |
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amended to read as follows: |
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(b) A suspension may not be imposed under this chapter on a |
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person who is acquitted of a criminal charge under Section 49.04, |
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49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage |
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Code, arising from the occurrence that was the basis for the |
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suspension or if the criminal charge arising from that occurrence |
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is dismissed for any reason. If a suspension was imposed before the |
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acquittal, the department shall rescind the suspension and shall |
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remove any reference to the suspension from the person's |
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computerized driving record. |
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SECTION 2. Section 724.048(c), Transportation Code, is |
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amended to read as follows: |
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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 or is |
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dismissed for any reason, the suspension under this chapter may not |
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be imposed. If a suspension under this chapter has already been |
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imposed, the department shall rescind the suspension and remove |
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references to the suspension from the computerized driving record |
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of the individual. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |