Texas House Bill HB1988

Texas 2009 - 81st Regular

• Out of House Committee: 5/4/09
• Voted on by House: 5/18/09

Caption

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.

Impact

If enacted, this legislation would standardize the procedures that peace officers must follow concerning license suspensions, ensuring that these actions are executed uniformly across Texas. The changes introduced by HB1988 could lead to improved clarity for both law enforcement individuals and the public regarding what to expect during the process of arrest related to suspected intoxication. Furthermore, it would enhance accountability by requiring officers to report the particulars of each case to the Department of Public Safety, potentially leading to more effective monitoring and oversight.

Summary

House Bill 1988 seeks to amend the duties of peace officers concerning the suspension of driver's licenses for individuals who fail to successfully complete a blood or breath test for intoxication or the presence of alcohol. The bill outlines specific responsibilities for peace officers when a driver is arrested under these circumstances, including serving notice of the impending license suspension and taking possession of the driver's license. Additionally, it mandates that officers must issue temporary driving permits in certain situations, as well as report the relevant details of the arrest to the appropriate department within five business days.

Contention

Notable points of contention surrounding HB1988 may emerge from discussions regarding law enforcement procedures and the rights of individuals being subjected to license suspensions. While proponents of the bill argue that these amendments will enhance enforcement and ensure that dangerous drivers are held accountable, critics may voice concerns about the potential for overreach by law enforcement and the implications for drivers' rights. Issues surrounding the accuracy and reliability of intoxication tests could also be raised, particularly in light of cases where individuals might be wrongfully penalized based on questionable test results.