Texas 2011 - 82nd Regular

Texas House Bill HB1743

Filed
 
Out of House Committee
4/15/11  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the information provided by a peace officer before requesting a specimen to determine intoxication.

Impact

If enacted, HB1743 will bring significant changes to how intoxication-related encounters are handled. The updated law will emphasize the importance of informing individuals about their rights, including the potential legal consequences and administrative penalties resulting from refusal to submit to a specimen test. Additionally, the bill further stipulates that automatic suspension of a driver's license occurs regardless of subsequent prosecution. By mandating this information, the bill aims to enhance the transparency and accountability of law enforcement procedures, which could lead to increased compliance and cooperation from individuals under suspicion.

Summary

House Bill 1743 aims to amend the Texas Transportation Code regarding the procedures a peace officer must follow before requesting a specimen to determine intoxication. The bill specifies that officers are required to inform individuals both orally and in writing of their rights and the consequences of refusing a specimen request. These updates are designed to clarify the responsibilities of law enforcement and the rights of individuals during such interactions, particularly in scenarios involving suspected driving under the influence. The intended outcome is to ensure that citizens are fully aware of the ramifications of their choices when confronted with a request from a peace officer.

Contention

While the bill is generally viewed as a step towards better informed citizen interactions with law enforcement, there may be concerns raised regarding the implications for individuals faced with such requests. Opponents might argue that the automatic suspension of licenses, even in the absence of a conviction, could disproportionately affect low-income residents who rely on their vehicles for transportation. The potential for confusion surrounding new procedures and requirements may also prompt discussions around the adequacy of training for peace officers to ensure proper compliance with the revised law.

Notable_points

Overall, HB1743 represents a focused effort to refine Texas's legal framework concerning intoxication offenses. It highlights the ongoing dialogue about the balance between public safety enforcement and individual rights. As discussions unfold regarding the bill, various stakeholders will assess its effectiveness in improving communication and understanding between law enforcement and the public.

Companion Bills

TX SB1787

Identical Relating to the information provided by a peace officer before requesting a specimen to determine intoxication.

Previously Filed As

TX SB1787

Relating to the information provided by a peace officer before requesting a specimen to determine intoxication.

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