81R8246 JD-F
By: Christian H.B. No. 4177
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a peace officer 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. This Act takes effect September 1, 2009.