S.B. No. 1787

	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