HBA-RBT S.B. 388 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 388 By: Lucio Criminal Jurisprudence 5/4/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law requires a term of confinement for 72 hours and a 90-day license suspension for a person who refuses to submit to the taking of a specimen as a result of driving while intoxicated. This bill requires a mandatory five-day jail sentence and an automatic one-year license suspension for a person who refuses to submit to the taking of a specimen as a result of driving while intoxicated. S.B. 388 establishes criminal consequences of driving while intoxicated and civil consequences of failure to submit to the taking of a blood, breath, or urine specimen for analysis to determine intoxication. 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 49.04, Penal Code, by amending Subsection (b) and adding Subsection (d), to establish that an offense under this section is a Class B misdemeanor with a minimum term of confinement of five days if the defendant was arrested, was requested by a police officer to submit specimens for a drug or alcohol test, and the defendant refused. SECTION 2. Amends Section 724.015, Transportation Code, to increase the amount of time a person's license to operate a motor vehicle is suspended from 90 days to one year for refusing to submit to the taking of a specimen. Establishes that if a person refuses to consent to the taking of the specimen, and the person is subsequently prosecuted and convicted as a result of the arrest for an offense under Section 49.04, Penal Code, the minimum term of confinement for the offense is increased from 72 hours to five days. Deletes text regarding the amount of time a person's license is automatically suspended as a result of an arrest for refusing to submit to the taking of a specimen. Makes a conforming change. SECTION 3. Amends Section 724.035, Transportation Code, to delete text regarding the period of suspension or denial of a person's motor vehicle license. Makes conforming changes. SECTION 4. Amends Section 724.043(a), to make a conforming change. SECTION 5. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 6. Emergency clause.