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