HBA-KMH H.B. 2658 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2658
By: Wolens
Criminal Jurisprudence
3/14/1999
Introduced



BACKGROUND AND PURPOSE 

Texas has one of the highest rates in the country for alcohol-involved
traffic fatalities, and a relatively high percentage of drivers arrested
for driving while intoxicated (DWI) refuse to take a breathalizer test.
Some believe that current law does not provide sufficient incentive for
drivers to take a breathalizer test.  If drivers take the test and fail it,
their license is suspended for only 30 days less than if they refuse to
take the test.   H.B. 2658 triples the difference between the terms of
suspension for failing a test and the term for refusing the test, while
increasing the period of suspension for both.  This bill also requires
other procedural acts by the arresting officer. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 524.011, Transportation Code, by amending
Subsections (b) and (e) and adding Subsection (f), as follows: 

(b) Requires a peace officer to take possession of any driver's license
issued by this state and held by the person arrested and issue a temporary
driving permit to the person while performing other duties relating to the
arrest of a person for certain intoxication offenses. Disallows the
issuance of a temporary permit if it is  known by the Department of Public
Safety (DPS) or officer that the person does not hold a valid license or
permit to operate a vehicle in this state.  Requires the officer further to
submit the license and a copy of the temporary permit to DPS with other
statutorily required notice.  Redesignates existing Subdivision (2) to
Subdivision (4) and existing Paragraph (A) to Paragraph (D).  Makes a
conforming change. 

(e) Requires DPS to develop a form for the temporary driving permit to be
used by all state and local law enforcement agencies.  Makes conforming and
nonsubstantive changes. 

(f) Sets forth that a temporary permit issued under this section is valid
for 40 days after the date of issuance.  Delays activation for 24 hours of
a temporary permit issued for an incident in which the person was operating
a commercial vehicle. 

SECTION 2.  Amends Section 524.022(a), Transportation Code, to increase the
period of suspension of a person's driver's license to 90 days from 60 days
for an adult under this chapter if the person has no alcohol-related or
drug-related enforcement contact during the ten years, rather than the five
years, preceding the arrest.  Increases the period of suspension to one
year to from 180 days if the person has had one or more such enforcement
contacts during the preceding ten years, rather than five years.  Removes
other provisions relating to different time frames of review of records and
varying suspension terms. 

SECTION 3.  Amends Section 524.032(d), Transportation Code, to require DPS,
in accordance with a Section 524.011(b)  seizure, to notify the person
whose license is being seized that a request for a hearing stays suspension
of a person's license until the date of the final decision of the
administrative law judge.  Requires such notification to be in a manner
that will permit the person to establish to a peace officer that the
person's driver's license is not suspended. 

SECTION 4.  Amends Section 524.035(c), Transportation Code, to require DPS
to return the person's driver's license if the license was taken by a peace
officer under Section 524.011(b), Transportation Code, and the
administrative law judge does not find in the affirmative on each issue
relating to the seizure.  Redesignates existing Subdivisions (1) and (2) to
Subdivisions (2) and (3). 


SECTION 5.  Amends Section 524.037, Transportation Code, to make conforming
changes. 

SECTION 6.  Amends Section 724.015, Transportation Code, to make conforming
changes. 

SECTION 7.  Amends Section 724.032, Transportation Code, as follows:

New Title: OFFICER'S DUTIES FOR DRIVER'S LICENSE SUSPENSION; WRITTEN
REFUSAL REPORT.  Requires a peace officer to take possession of any
driver's license issued by this state and held by the person arrested and
issue a temporary driving permit to the person while performing other
duties relating to the arrest of a person for certain intoxication offenses
if the person refuses to give a specimen for the determination of blood
alcohol content.  Disallows the issuance of a temporary permit if it is
known by DPS or the officer that the person does not hold a valid license
or permit to operate a vehicle in this state.  Requires the officer to
forward to DPS a copy of the notice of suspension or denial, any driver's
license seized under this section, a copy of any temporary license issued
under this section, and a copy of the refusal report. Sets forth that a
temporary permit issued under this section is valid for 40 days after the
date of issuance.  Delays activation for 24 hours of a temporary permit
issued for an incident in which the person was operating a commercial
vehicle.  Redesignates Subdivision (1) to Subdivision (4).  Makes
conforming and nonsubstantive changes. 

SECTION 8.  Amends Section 724.035, Transportation Code, to increase the
period of suspension or denial of a person's driver's license to 180 days
from 90 days  for refusing to submit to the taking of a specimen for
determining blood alcohol content.  Increases the period of suspension or
denial to two years from 180 days if the person has had at least one other
alcohol-related or drug-related enforcement contact within the preceding 10
years, rather than 5 years.  Makes conforming and nonsubstantive changes. 

SECTION 9.  Amends Section 724.041(c), Transportation Code, to require DPS,
in accordance with a Section 724.032(a)  seizure, to notify the person
whose license is being seized that a request for a hearing stays suspension
of a person's license until the date of the final decision of the
administrative law judge.  Requires such notification to be in a manner
that will permit the person to establish to a peace officer that the
person's driver's license is not suspended. 

SECTION 10.  Amends Section 724.043(b), Transportation Code, to require DPS
to return the person's driver's license if the license was taken by a peace
officer under Section 724.032(a), Transportation Code, and the
administrative law judge had not found in the affirmative on each issue
relating to the seizure. 

SECTION 11.  Makes application of this Act prospective.

SECTION 12.  Effective date: September 1, 1999.

SECTION 13.  Emergency clause.