TX
Texas House Bill HB2147

Texas 2021 - 87th Regular

Texas House Bill HB2147 Compare Versions

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1+87R2236 JRR-F
12 By: Allen H.B. No. 2147
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45 A BILL TO BE ENTITLED
56 AN ACT
67 relating to the punishment for the offense of driving while license
7- invalid, the period of certain driver's license suspensions, and
8- the requirement that a peace officer take possession of a person's
9- driver's license following the person's failure to pass or refusal
10- to consent to a test for intoxication.
8+ invalid.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Section 521.457(e), Transportation Code, is
1311 amended to read as follows:
1412 (e) Except as provided by Subsections [(f),] (f-1)[,] and
1513 (f-2), an offense under this section is a Class C misdemeanor.
16- SECTION 2. Sections 524.011(b), (c), and (e),
17- Transportation Code, are amended to read as follows:
18- (b) A peace officer shall:
19- (1) serve or, if a specimen is taken and the analysis
20- of the specimen is not returned to the arresting officer before the
21- person is admitted to bail, released from custody, delivered as
22- provided by Title 3, Family Code, or committed to jail, attempt to
23- serve notice of driver's license suspension by delivering the
24- notice to the arrested person; and
25- (2) [take possession of any driver's license issued by
26- this state and held by the person arrested;
27- [(3) issue a temporary driving permit to the person
28- unless department records show or the officer otherwise determines
29- that the person does not hold a driver's license to operate a motor
30- vehicle in this state; and
31- [(4)] send to the department not later than the fifth
32- business day after the date of the arrest:
33- (A) a copy of the driver's license suspension
34- notice; and
35- (B) [any driver's license taken by the officer
36- under this subsection;
37- [(C) a copy of any temporary driving permit
38- issued under this subsection; and
39- [(D)] a sworn report of information relevant to
40- the arrest.
41- (c) The report required under Subsection (b)(2)(B)
42- [(b)(4)(D)] must:
43- (1) identify the arrested person;
44- (2) state the arresting officer's grounds for
45- believing the person committed the offense;
46- (3) give the analysis of the specimen if any; and
47- (4) include a copy of the criminal complaint filed in
48- the case, if any.
49- (e) The department shall develop forms for the notice of
50- driver's license suspension [and temporary driving permits] to be
51- used by all state and local law enforcement agencies.
52- SECTION 3. Section 524.032(d), Transportation Code, is
53- amended to read as follows:
54- (d) A request for a hearing stays suspension of a person's
55- driver's license until the date of the final decision of the
56- administrative law judge. [If the person's driver's license was
57- taken by a peace officer under Section 524.011(b), the department
58- shall notify the person of the effect of the request on the
59- suspension of the person's license before the expiration of any
60- temporary driving permit issued to the person, if the person is
61- otherwise eligible, in a manner that will permit the person to
62- establish to a peace officer that the person's driver's license is
63- not suspended.]
64- SECTION 4. Section 524.035(c), Transportation Code, is
65- amended to read as follows:
66- (c) If the administrative law judge does not find in the
67- affirmative on each issue in Subsection (a), the department shall:
68- (1) [return the person's driver's license to the
69- person, if the license was taken by a peace officer under Section
70- 524.011(b);
71- [(2)] reinstate the person's driver's license; and
72- (2) [(3)] rescind an order prohibiting the issuance of
73- a driver's license to the person.
74- SECTION 5. Sections 724.032(a), (c), and (d),
75- Transportation Code, are amended to read as follows:
76- (a) If a person refuses to submit to the taking of a
77- specimen, whether expressly or because of an intentional failure of
78- the person to give the specimen, the peace officer shall:
79- (1) serve notice of license suspension or denial on
80- the person; and
81- (2) [take possession of any license issued by this
82- state and held by the person arrested;
83- [(3) issue a temporary driving permit to the person
84- unless department records show or the officer otherwise determines
85- that the person does not hold a license to operate a motor vehicle
86- in this state; and
87- [(4)] make a written report of the refusal to the
88- director of the department.
89- (c) The officer shall forward to the department not later
90- than the fifth business day after the date of the arrest:
91- (1) a copy of the notice of suspension or denial; and
92- (2) [any license taken by the officer under Subsection
93- (a);
94- [(3) a copy of any temporary driving permit issued
95- under Subsection (a); and
96- [(4)] a copy of the refusal report.
97- (d) The department shall develop forms for notices of
98- suspension or denial [and temporary driving permits] to be used by
99- all state and local law enforcement agencies.
100- SECTION 6. Section 724.041(c), Transportation Code, is
101- amended to read as follows:
102- (c) A request for a hearing stays the suspension or denial
103- until the date of the final decision of the administrative law
104- judge. [If the person's license was taken by a peace officer under
105- Section 724.032(a), the department shall notify the person of the
106- effect of the request on the suspension of the person's license
107- before the expiration of any temporary driving permit issued to the
108- person, if the person is otherwise eligible, in a manner that will
109- permit the person to establish to a peace officer that the person's
110- license is not suspended.]
111- SECTION 7. Section 724.043(b), Transportation Code, is
112- amended to read as follows:
113- (b) If the administrative law judge does not find in the
114- affirmative on each issue under Section 724.042, the department
115- shall [return the person's license to the person, if the license was
116- taken by a peace officer under Section 724.032(a), and] reinstate
117- the person's license or rescind any order denying the issuance of a
118- license because of the person's refusal to submit to the taking of a
119- specimen under Section 724.032(a).
120- SECTION 8. Section 2.005(b), Family Code, is amended to
121- read as follows:
122- (b) The proof must be established by:
123- (1) a driver's license or identification card issued
124- by this state, another state, or a Canadian province that is current
125- or has expired not more than two years preceding the date the
126- identification is submitted to the county clerk in connection with
127- an application for a license;
128- (2) a United States passport;
129- (3) a current passport issued by a foreign country or a
130- consular document issued by a state or national government;
131- (4) an unexpired Certificate of United States
132- Citizenship, Certificate of Naturalization, United States Citizen
133- Identification Card, Permanent Resident Card, Temporary Resident
134- Card, Employment Authorization Card, or other document issued by
135- the federal Department of Homeland Security or the United States
136- Department of State including an identification photograph;
137- (5) an unexpired military identification card for
138- active duty, reserve, or retired personnel with an identification
139- photograph;
140- (6) an original or certified copy of a birth
141- certificate issued by a bureau of vital statistics for a state or a
142- foreign government;
143- (7) an original or certified copy of a Consular Report
144- of Birth Abroad or Certificate of Birth Abroad issued by the United
145- States Department of State;
146- (8) an original or certified copy of a court order
147- relating to the applicant's name change or sex change;
148- (9) school records from a secondary school or
149- institution of higher education;
150- (10) an insurance policy continuously valid for the
151- two years preceding the date of the application for a license;
152- (11) a motor vehicle certificate of title;
153- (12) military records, including documentation of
154- release or discharge from active duty or a draft record;
155- (13) an unexpired military dependent identification
156- card;
157- (14) an original or certified copy of the applicant's
158- marriage license or divorce decree;
159- (15) a voter registration certificate;
160- (16) a pilot's license issued by the Federal Aviation
161- Administration or another authorized agency of the United States;
162- (17) a license to carry a handgun under Subchapter H,
163- Chapter 411, Government Code;
164- (18) [a temporary driving permit or] a temporary
165- identification card issued by the Department of Public Safety; or
166- (19) an offender identification card issued by the
167- Texas Department of Criminal Justice.
168- SECTION 9. Section 521.457(f), Transportation Code, is
14+ SECTION 2. Section 521.457(f), Transportation Code, is
16915 repealed.
170- SECTION 10. Sections 524.011(f), 524.037(c), and
171- 724.032(e), Transportation Code, are repealed.
172- SECTION 11. (a) Section 3, Chapter 710 (H.B. 162), Acts of
173- the 86th Legislature, Regular Session, 2019, is repealed.
174- (b) Section 521.293, Transportation Code, as amended by
175- Chapter 710 (H.B. 162), Acts of the 86th Legislature, Regular
176- Session, 2019, applies to a determination to suspend a driver's
177- license that is made by the Department of Public Safety of the State
178- of Texas before, on, or after the effective date of this Act.
179- SECTION 12. The change in law made by this Act to Section
180- 521.457, Transportation Code, applies only to an offense committed
181- on or after the effective date of this Act. An offense committed
182- before the effective date of this Act is governed by the law in
183- effect on the date the offense was committed, and the former law is
184- continued in effect for that purpose. For purposes of this section,
185- an offense was committed before the effective date of this Act if
186- any element of the offense occurred before that date.
187- SECTION 13. The change in law made by this Act to Chapters
188- 524 and 724, Transportation Code, applies only to a failure to pass
189- a test for intoxication or a refusal to submit to the taking of a
190- specimen to test for intoxication that occurs on or after the
191- effective date of this Act. A failure to pass a test for
192- intoxication or refusal to submit to the taking of a specimen that
193- occurred before the effective date of this Act is governed by the
194- law in effect when the test was taken or the refusal was made, and
195- the former law is continued in effect for that purpose.
196- SECTION 14. This Act takes effect September 1, 2021.
16+ SECTION 3. The change in law made by this Act applies only
17+ to an offense committed on or after the effective date of this Act.
18+ An offense committed before the effective date of this Act is
19+ governed by the law in effect on the date the offense was committed,
20+ and the former law is continued in effect for that purpose. For
21+ purposes of this section, an offense was committed before the
22+ effective date of this Act if any element of the offense occurred
23+ before that date.
24+ SECTION 4. This Act takes effect September 1, 2021.