| 1 | 1 | | 81R1092 JD-D |
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| 2 | 2 | | By: Dutton H.B. No. 897 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the effect of a dismissal of the underlying criminal |
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| 8 | 8 | | charge on the suspension of a person's driver's license for a |
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| 9 | 9 | | failure to pass a test for intoxication or a refusal to submit to |
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| 10 | 10 | | the taking of a breath or blood specimen. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 524.015(b), Transportation Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) A suspension may not be imposed under this chapter on a |
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| 15 | 15 | | person who is acquitted of a criminal charge under Section 49.04, |
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| 16 | 16 | | 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage |
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| 17 | 17 | | Code, arising from the occurrence that was the basis for the |
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| 18 | 18 | | suspension or if the criminal charge arising from that occurrence |
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| 19 | 19 | | is dismissed for any reason. If a suspension was imposed before the |
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| 20 | 20 | | acquittal, the department shall rescind the suspension and shall |
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| 21 | 21 | | remove any reference to the suspension from the person's |
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| 22 | 22 | | computerized driving record. |
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| 23 | 23 | | SECTION 2. Section 724.048(c), Transportation Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | (c) If a criminal charge arising from the same arrest as a |
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| 26 | 26 | | suspension under this chapter results in an acquittal or is |
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| 27 | 27 | | dismissed for any reason, the suspension under this chapter may not |
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| 28 | 28 | | be imposed. If a suspension under this chapter has already been |
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| 29 | 29 | | imposed, the department shall rescind the suspension and remove |
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| 30 | 30 | | references to the suspension from the computerized driving record |
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| 31 | 31 | | of the individual. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2009. |
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