|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the duties of a peace officer in connection with the |
|
suspension of a driver's license for a failure to pass a blood or |
|
breath test for intoxication or the presence of alcohol. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 524.011(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) A peace officer shall: |
|
(1) serve or, if a specimen is taken and the analysis |
|
of the specimen is not returned to the arresting officer before the |
|
person is admitted to bail, released from custody, delivered as |
|
provided by Title 3, Family Code, or committed to jail, attempt to |
|
serve notice of driver's license suspension by delivering the |
|
notice to the arrested person; |
|
(2) take possession of any driver's license issued by |
|
this state and held by the person arrested; |
|
(3) issue a temporary driving permit to the person |
|
unless department records show or the officer otherwise determines |
|
that the person does not hold a driver's license to operate a motor |
|
vehicle in this state; [and] |
|
(4) make and attach to the temporary driving permit a |
|
photocopy of any driver's license taken from the person under |
|
Subdivision (2); and |
|
(5) send to the department not later than the fifth |
|
business day after the date of the arrest: |
|
(A) a copy of the driver's license suspension |
|
notice; |
|
(B) any driver's license taken by the officer |
|
under this subsection; |
|
(C) a copy of any temporary driving permit issued |
|
under this subsection; and |
|
(D) a sworn report of information relevant to the |
|
arrest. |
|
SECTION 2. This Act takes effect September 1, 2009. |