| |
| |
| |
|
|
AN ACT
|
|
|
relating to the information provided by a peace officer before |
|
|
requesting a specimen to determine intoxication. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 724.015, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE |
|
|
REQUESTING SPECIMEN. Before requesting a person to submit to the |
|
|
taking of a specimen, the officer shall inform the person orally and |
|
|
in writing that: |
|
|
(1) if the person refuses to submit to the taking of |
|
|
the specimen, that refusal may be admissible in a subsequent |
|
|
prosecution; |
|
|
(2) if the person refuses to submit to the taking of |
|
|
the specimen, the person's license to operate a motor vehicle will |
|
|
be automatically suspended, whether or not the person is |
|
|
subsequently prosecuted as a result of the arrest, for not less than |
|
|
180 days; |
|
|
(3) if the person refuses to submit to the taking of a |
|
|
specimen, the officer may apply for a warrant authorizing a |
|
|
specimen to be taken from the person; |
|
|
(4) if the person is 21 years of age or older and |
|
|
submits to the taking of a specimen designated by the officer and an |
|
|
analysis of the specimen shows the person had an alcohol |
|
|
concentration of a level specified by Chapter 49, Penal Code, the |
|
|
person's license to operate a motor vehicle will be automatically |
|
|
suspended for not less than 90 days, whether or not the person is |
|
|
subsequently prosecuted as a result of the arrest; |
|
|
(5) [(4)] if the person is younger than 21 years of age |
|
|
and has any detectable amount of alcohol in the person's system, the |
|
|
person's license to operate a motor vehicle will be automatically |
|
|
suspended for not less than 60 days even if the person submits to |
|
|
the taking of the specimen, but that if the person submits to the |
|
|
taking of the specimen and an analysis of the specimen shows that |
|
|
the person had an alcohol concentration less than the level |
|
|
specified by Chapter 49, Penal Code, the person may be subject to |
|
|
criminal penalties less severe than those provided under that |
|
|
chapter; |
|
|
(6) [(5)] if the officer determines that the person is |
|
|
a resident without a license to operate a motor vehicle in this |
|
|
state, the department will deny to the person the issuance of a |
|
|
license, whether or not the person is subsequently prosecuted as a |
|
|
result of the arrest, under the same conditions and for the same |
|
|
periods that would have applied to a revocation of the person's |
|
|
driver's license if the person had held a driver's license issued by |
|
|
this state; and |
|
|
(7) [(6)] the person has a right to a hearing on the |
|
|
suspension or denial if, not later than the 15th day after the date |
|
|
on which the person receives the notice of suspension or denial or |
|
|
on which the person is considered to have received the notice by |
|
|
mail as provided by law, the department receives, at its |
|
|
headquarters in Austin, a written demand, including a facsimile |
|
|
transmission, or a request in another form prescribed by the |
|
|
department for the hearing. |
|
|
SECTION 2. This Act takes effect September 1, 2011. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1787 passed the Senate on |
|
|
May 12, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1787 passed the House on |
|
|
May 23, 2011, by the following vote: Yeas 142, Nays 0, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |