81R8246 JD-F
 
  By: Christian H.B. No. 4177
 
 
 
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.