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.