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