HBA-EDN S.B. 57 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 57
By: Zaffirini
Criminal Jurisprudence
5/3/2001
Engrossed



BACKGROUND AND PURPOSE 

In Texas, a significant percentage of persons suspected of driving while
intoxicated refuse to take a breath test, weakening significantly the case
against them.  Prosecutors believe that the refusal rate is high because
suspects are not presented with choices that encourage them to take the
breath test.  Currently, suspects are told that if they refuse to take the
test, then their license will be suspended for 90 days, and that if they
take the test but fail it, their license will be suspended for 60 days.
Prosecutors believe that there is not enough of a difference between the
possible terms of a suspension to encourage suspects to take the test.
Senate Bill 57 revises the administrative license revocation program
administered by the Department of Public Safety to extend the period of a
driver's license suspension for refusing to take a breath or blood test. 

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. 

ANALYSIS

Senate Bill 57 amends the Transportation Code to modify provisions relating
to the period of suspension or denial of a driver's license (license) on
refusal to give a specimen of the person's breath or blood (specimen).  The
bill increases from 90 to 180 the number of days that the Department of
Public Safety is required to suspend a person's license or to deny the
issuance of a license for a resident without a license if the person
refuses the request of a peace officer to submit to the taking of a
specimen.  The bill increases from 180 days to one year the period of
suspension or denial if the person's driving record shows one or more
alcohol-related or drug-related enforcement contacts resulting from a
refusal to submit to the taking of a specimen or an analysis of a specimen
showing an alcohol concentration of 0.08 or more following an arrest for an
offense of driving while intoxicated or under the influence or alcohol or a
controlled substance during the five years preceding the date of the
person's arrest.  The bill deletes provisions that provided different terms
of suspension or denial of a license depending on whether the person is 21
years of age or older.    

EFFECTIVE DATE

September 1, 2001.