| 1 | 1 | | 81R8246 JD-F |
|---|
| 2 | 2 | | By: Christian H.B. No. 4177 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the duties of a peace officer in connection with the |
|---|
| 8 | 8 | | suspension of a driver's license for a failure to pass a blood or |
|---|
| 9 | 9 | | breath test for intoxication or the presence of alcohol. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 524.011(b), Transportation Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | (b) A peace officer shall: |
|---|
| 14 | 14 | | (1) serve or, if a specimen is taken and the analysis |
|---|
| 15 | 15 | | of the specimen is not returned to the arresting officer before the |
|---|
| 16 | 16 | | person is admitted to bail, released from custody, delivered as |
|---|
| 17 | 17 | | provided by Title 3, Family Code, or committed to jail, attempt to |
|---|
| 18 | 18 | | serve notice of driver's license suspension by delivering the |
|---|
| 19 | 19 | | notice to the arrested person; |
|---|
| 20 | 20 | | (2) take possession of any driver's license issued by |
|---|
| 21 | 21 | | this state and held by the person arrested; |
|---|
| 22 | 22 | | (3) issue a temporary driving permit to the person |
|---|
| 23 | 23 | | unless department records show or the officer otherwise determines |
|---|
| 24 | 24 | | that the person does not hold a driver's license to operate a motor |
|---|
| 25 | 25 | | vehicle in this state; [and] |
|---|
| 26 | 26 | | (4) make and attach to the temporary driving permit a |
|---|
| 27 | 27 | | photocopy of any driver's license taken from the person under |
|---|
| 28 | 28 | | Subdivision (2); and |
|---|
| 29 | 29 | | (5) send to the department not later than the fifth |
|---|
| 30 | 30 | | business day after the date of the arrest: |
|---|
| 31 | 31 | | (A) a copy of the driver's license suspension |
|---|
| 32 | 32 | | notice; |
|---|
| 33 | 33 | | (B) any driver's license taken by the officer |
|---|
| 34 | 34 | | under this subsection; |
|---|
| 35 | 35 | | (C) a copy of any temporary driving permit issued |
|---|
| 36 | 36 | | under this subsection; and |
|---|
| 37 | 37 | | (D) a sworn report of information relevant to the |
|---|
| 38 | 38 | | arrest. |
|---|
| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|