82R2378 JSC-D
By: Patrick S.B. No. 840
A BILL TO BE ENTITLED
AN ACT
relating to the issues at a hearing for a person whose driver's
license is administratively suspended for refusal to consent to the
taking of a specimen following an arrest for certain intoxication
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 724.042, Transportation Code, is amended
to read as follows:
Sec. 724.042. ISSUES AT HEARING. The issues at a hearing
under this subchapter are whether:
(1) [reasonable suspicion or probable cause existed to
stop or arrest the person;
[(2) probable cause existed to believe that] the
person was:
(A) operating a motor vehicle in a public place
[while intoxicated]; or
(B) operating a watercraft powered with an engine
having a manufacturer's rating of 50 horsepower or above [while
intoxicated];
(2) [(3)] the person was placed under arrest [by the
officer] and was requested by a peace officer to submit to the
taking of a specimen; and
(3) [(4)] the person refused to submit to the taking
of a specimen on request of the officer.
SECTION 2. This Act takes effect September 1, 2011.