Texas House Bill HB2798

Texas 2021 - 87th Regular

Caption

Relating to the requirement that a peace officer take possession of a person's driver's license following the person's failure to pass or refusal to consent to a test for intoxication.

Impact

The bill amends several sections of the Transportation Code, impacting how intoxicated driving offenses are managed in Texas. Specifically, it establishes clear protocols for law enforcement officers regarding the handling of driver's licenses in cases of non-compliance with intoxication tests. This could lead to an increase in the number of suspended licenses for individuals who either refuse the test or fail it, as the process outlined requires prompt notice and reporting to the Department of Public Safety.

Summary

House Bill 2798 mandates that peace officers must take possession of a person's driver's license if the individual either fails to pass or refuses to consent to a test for intoxication. This legislative move aims to create a stricter enforcement mechanism against impaired driving. By ensuring that a driver's license is confiscated under these conditions, the bill seeks to deter individuals from driving while intoxicated and enhance public safety on the roads.

Contention

While some legislators argue that the bill is necessary for improving road safety and reducing intoxication-related incidents, there may be concerns regarding individual rights and the practical implications of license confiscation. Opponents of strict enforcement laws might argue that the bill could lead to potential abuses by police officers or unfair consequences for individuals who may have legitimate reasons for refusing a test. Additionally, there is a debate around the adequacy of the existing measures for addressing intoxication if the law becomes too punitive.