Texas 2011 - 82nd Regular

Texas Senate Bill SB1787 Compare Versions

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1	1	By: Patrick S.B. No. 1787
2	2	(Martinez Fischer)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the information provided by a peace officer before
8	8	requesting a specimen to determine intoxication.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 724.015, Transportation Code, is amended
11	11	to read as follows:
12	12	Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
13	13	REQUESTING SPECIMEN. Before requesting a person to submit to the
14	14	taking of a specimen, the officer shall inform the person orally and
15	15	in writing that:
16	16	(1) if the person refuses to submit to the taking of
17	17	the specimen, that refusal may be admissible in a subsequent
18	18	prosecution;
19	19	(2) if the person refuses to submit to the taking of
20	20	the specimen, the person's license to operate a motor vehicle will
21	21	be automatically suspended, whether or not the person is
22	22	subsequently prosecuted as a result of the arrest, for not less than
23	23	180 days;
24	24	(3) if the person refuses to submit to the taking of a
25	25	specimen, the officer may apply for a warrant authorizing a
26	26	specimen to be taken from the person;
27	27	(4) if the person is 21 years of age or older and
28	28	submits to the taking of a specimen designated by the officer and an
29	29	analysis of the specimen shows the person had an alcohol
30	30	concentration of a level specified by Chapter 49, Penal Code, the
31	31	person's license to operate a motor vehicle will be automatically
32	32	suspended for not less than 90 days, whether or not the person is
33	33	subsequently prosecuted as a result of the arrest;
34	34	(5) [(4)] if the person is younger than 21 years of age
35	35	and has any detectable amount of alcohol in the person's system, the
36	36	person's license to operate a motor vehicle will be automatically
37	37	suspended for not less than 60 days even if the person submits to
38	38	the taking of the specimen, but that if the person submits to the
39	39	taking of the specimen and an analysis of the specimen shows that
40	40	the person had an alcohol concentration less than the level
41	41	specified by Chapter 49, Penal Code, the person may be subject to
42	42	criminal penalties less severe than those provided under that
43	43	chapter;
44	44	(6) [(5)] if the officer determines that the person is
45	45	a resident without a license to operate a motor vehicle in this
46	46	state, the department will deny to the person the issuance of a
47	47	license, whether or not the person is subsequently prosecuted as a
48	48	result of the arrest, under the same conditions and for the same
49	49	periods that would have applied to a revocation of the person's
50	50	driver's license if the person had held a driver's license issued by
51	51	this state; and
52	52	(7) [(6)] the person has a right to a hearing on the
53	53	suspension or denial if, not later than the 15th day after the date
54	54	on which the person receives the notice of suspension or denial or
55	55	on which the person is considered to have received the notice by
56	56	mail as provided by law, the department receives, at its
57	57	headquarters in Austin, a written demand, including a facsimile
58	58	transmission, or a request in another form prescribed by the
59	59	department for the hearing.
60	60	SECTION 2. This Act takes effect September 1, 2011.