By: McReynolds, Christian H.B. No. 1988
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a peace officer and the Department of
Public Safety in connection with the suspension of a driver's
license for a failure to pass a blood or breath test for
intoxication or the presence of alcohol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 524.011(b), Transportation Code, is
amended to read as follows:
(b) A peace officer shall:
(1) serve or, if a specimen is taken and the analysis
of the specimen is not returned to the arresting officer before the
person is admitted to bail, released from custody, delivered as
provided by Title 3, Family Code, or committed to jail, attempt to
serve notice of driver's license suspension by delivering the
notice to the arrested person;
(2) take possession of any driver's license issued by
this state and held by the person arrested;
(3) issue a temporary driving permit to the person
unless department records show or the officer otherwise determines
that the person does not hold a driver's license to operate a motor
vehicle in this state; [and]
(4) make and attach to the temporary driving permit a
photocopy of any driver's license taken from the person under
Subdivision (2); and
(5) send to the department not later than the fifth
business day after the date of the arrest:
(A) a copy of the driver's license suspension
notice;
(B) any driver's license taken by the officer
under this subsection;
(C) a copy of any temporary driving permit issued
under this subsection; and
(D) a sworn report of information relevant to the
arrest.
SECTION 2. Subchapter B, Chapter 524, Transportation Code,
is amended by adding Section 524.0115 to read as follows:
Sec. 524.0115. VEHICLE IGNITION INTERLOCK DEVICE.
Notwithstanding any other law, the department shall return a
person's driver's license if the person whose driver's license has
been taken under Section 524.011(b)(2) provides proof to the
department, in accordance with rules adopted by the department,
that the person has installed a vehicle ignition interlock device
on a motor vehicle owned by the person. A peace officer may take
possession of the driver's license of a person who received the
person's driver's license under this section if the person drives a
vehicle that is not equipped with a vehicle ignition interlock
device.
SECTION 3. This Act takes effect September 1, 2009.