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.