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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a peace officer and the Department of |
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Public Safety in connection with the suspension of a driver's |
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license for a failure to pass a blood or breath test for |
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intoxication or the presence of alcohol. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 524.011(b), Transportation Code, is |
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amended to read as follows: |
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(b) A peace officer shall: |
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(1) serve or, if a specimen is taken and the analysis |
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of the specimen is not returned to the arresting officer before the |
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person is admitted to bail, released from custody, delivered as |
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provided by Title 3, Family Code, or committed to jail, attempt to |
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serve notice of driver's license suspension by delivering the |
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notice to the arrested person; |
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(2) take possession of any driver's license issued by |
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this 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 driver's license to operate a motor |
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vehicle in this state; [and] |
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(4) make and attach to the temporary driving permit a |
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photocopy of any driver's license taken from the person under |
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Subdivision (2); and |
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(5) send to the department not later than the fifth |
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business day after the date of the arrest: |
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(A) a copy of the driver's license suspension |
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notice; |
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(B) any driver's license taken by the officer |
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under this subsection; |
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(C) a copy of any temporary driving permit issued |
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under this subsection; and |
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(D) a sworn report of information relevant to the |
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arrest. |
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SECTION 2. Subchapter B, Chapter 524, Transportation Code, |
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is amended by adding Section 524.0115 to read as follows: |
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Sec. 524.0115. VEHICLE IGNITION INTERLOCK DEVICE. |
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Notwithstanding any other law, the department shall return a |
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person's driver's license if the person whose driver's license has |
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been taken under Section 524.011(b)(2) provides proof to the |
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department, in accordance with rules adopted by the department, |
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that the person has installed a vehicle ignition interlock device |
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on a motor vehicle owned by the person. A peace officer may take |
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possession of the driver's license of a person who received the |
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person's driver's license under this section if the person drives a |
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vehicle that is not equipped with a vehicle ignition interlock |
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device. |
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SECTION 3. This Act takes effect September 1, 2009. |