Texas 2021 - 87th Regular

Texas House Bill HB2798 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9654 JRR-D
2	2	By: Wilson H.B. No. 2798
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirement that a peace officer take possession of
8	8	a person's driver's license following the person's failure to pass
9	9	or refusal to consent to a test for intoxication.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 524.011(b), (c), and (e),
12	12	Transportation Code, are amended to read as follows:
13	13	(b) A peace officer shall:
14	14	(1) serve or, if a specimen is taken and the analysis
15	15	of the specimen is not returned to the arresting officer before the
16	16	person is admitted to bail, released from custody, delivered as
17	17	provided by Title 3, Family Code, or committed to jail, attempt to
18	18	serve notice of driver's license suspension by delivering the
19	19	notice to the arrested person; and
20	20	(2) [take possession of any driver's license issued by
21	21	this state and held by the person arrested;
22	22	[(3) issue a temporary driving permit to the person
23	23	unless department records show or the officer otherwise determines
24	24	that the person does not hold a driver's license to operate a motor
25	25	vehicle in this state; and
26	26	[(4)] send to the department not later than the fifth
27	27	business day after the date of the arrest:
28	28	(A) a copy of the driver's license suspension
29	29	notice; and
30	30	(B) [any driver's license taken by the officer
31	31	under this subsection;
32	32	[(C) a copy of any temporary driving permit
33	33	issued under this subsection; and
34	34	[(D)] a sworn report of information relevant to
35	35	the arrest.
36	36	(c) The report required under Subsection (b)(2)(B)
37	37	[(b)(4)(D)] must:
38	38	(1) identify the arrested person;
39	39	(2) state the arresting officer's grounds for
40	40	believing the person committed the offense;
41	41	(3) give the analysis of the specimen if any; and
42	42	(4) include a copy of the criminal complaint filed in
43	43	the case, if any.
44	44	(e) The department shall develop forms for the notice of
45	45	driver's license suspension [and temporary driving permits] to be
46	46	used by all state and local law enforcement agencies.
47	47	SECTION 2. Section 524.032(d), Transportation Code, is
48	48	amended to read as follows:
49	49	(d) A request for a hearing stays suspension of a person's
50	50	driver's license until the date of the final decision of the
51	51	administrative law judge. [If the person's driver's license was
52	52	taken by a peace officer under Section 524.011(b), the department
53	53	shall notify the person of the effect of the request on the
54	54	suspension of the person's license before the expiration of any
55	55	temporary driving permit issued to the person, if the person is
56	56	otherwise eligible, in a manner that will permit the person to
57	57	establish to a peace officer that the person's driver's license is
58	58	not suspended.]
59	59	SECTION 3. Section 524.035(c), Transportation Code, is
60	60	amended to read as follows:
61	61	(c) If the administrative law judge does not find in the
62	62	affirmative on each issue in Subsection (a), the department shall:
63	63	(1) [return the person's driver's license to the
64	64	person, if the license was taken by a peace officer under Section
65	65	524.011(b);
66	66	[(2)] reinstate the person's driver's license; and
67	67	(2) [(3)] rescind an order prohibiting the issuance of
68	68	a driver's license to the person.
69	69	SECTION 4. Sections 724.032(a), (c), and (d),
70	70	Transportation Code, are amended to read as follows:
71	71	(a) If a person refuses to submit to the taking of a
72	72	specimen, whether expressly or because of an intentional failure of
73	73	the person to give the specimen, the peace officer shall:
74	74	(1) serve notice of license suspension or denial on
75	75	the person; and
76	76	(2) [take possession of any license issued by this
77	77	state and held by the person arrested;
78	78	[(3) issue a temporary driving permit to the person
79	79	unless department records show or the officer otherwise determines
80	80	that the person does not hold a license to operate a motor vehicle
81	81	in this state; and
82	82	[(4)] make a written report of the refusal to the
83	83	director of the department.
84	84	(c) The officer shall forward to the department not later
85	85	than the fifth business day after the date of the arrest:
86	86	(1) a copy of the notice of suspension or denial; and
87	87	(2) [any license taken by the officer under Subsection
88	88	(a);
89	89	[(3) a copy of any temporary driving permit issued
90	90	under Subsection (a); and
91	91	[(4)] a copy of the refusal report.
92	92	(d) The department shall develop forms for notices of
93	93	suspension or denial [and temporary driving permits] to be used by
94	94	all state and local law enforcement agencies.
95	95	SECTION 5. Section 724.041(c), Transportation Code, is
96	96	amended to read as follows:
97	97	(c) A request for a hearing stays the suspension or denial
98	98	until the date of the final decision of the administrative law
99	99	judge. [If the person's license was taken by a peace officer under
100	100	Section 724.032(a), the department shall notify the person of the
101	101	effect of the request on the suspension of the person's license
102	102	before the expiration of any temporary driving permit issued to the
103	103	person, if the person is otherwise eligible, in a manner that will
104	104	permit the person to establish to a peace officer that the person's
105	105	license is not suspended.]
106	106	SECTION 6. Section 724.043(b), Transportation Code, is
107	107	amended to read as follows:
108	108	(b) If the administrative law judge does not find in the
109	109	affirmative on each issue under Section 724.042, the department
110	110	shall [return the person's license to the person, if the license was
111	111	taken by a peace officer under Section 724.032(a), and] reinstate
112	112	the person's license or rescind any order denying the issuance of a
113	113	license because of the person's refusal to submit to the taking of a
114	114	specimen under Section 724.032(a).
115	115	SECTION 7. Section 2.005(b), Family Code, is amended to
116	116	read as follows:
117	117	(b) The proof must be established by:
118	118	(1) a driver's license or identification card issued
119	119	by this state, another state, or a Canadian province that is current
120	120	or has expired not more than two years preceding the date the
121	121	identification is submitted to the county clerk in connection with
122	122	an application for a license;
123	123	(2) a United States passport;
124	124	(3) a current passport issued by a foreign country or a
125	125	consular document issued by a state or national government;
126	126	(4) an unexpired Certificate of United States
127	127	Citizenship, Certificate of Naturalization, United States Citizen
128	128	Identification Card, Permanent Resident Card, Temporary Resident
129	129	Card, Employment Authorization Card, or other document issued by
130	130	the federal Department of Homeland Security or the United States
131	131	Department of State including an identification photograph;
132	132	(5) an unexpired military identification card for
133	133	active duty, reserve, or retired personnel with an identification
134	134	photograph;
135	135	(6) an original or certified copy of a birth
136	136	certificate issued by a bureau of vital statistics for a state or a
137	137	foreign government;
138	138	(7) an original or certified copy of a Consular Report
139	139	of Birth Abroad or Certificate of Birth Abroad issued by the United
140	140	States Department of State;
141	141	(8) an original or certified copy of a court order
142	142	relating to the applicant's name change or sex change;
143	143	(9) school records from a secondary school or
144	144	institution of higher education;
145	145	(10) an insurance policy continuously valid for the
146	146	two years preceding the date of the application for a license;
147	147	(11) a motor vehicle certificate of title;
148	148	(12) military records, including documentation of
149	149	release or discharge from active duty or a draft record;
150	150	(13) an unexpired military dependent identification
151	151	card;
152	152	(14) an original or certified copy of the applicant's
153	153	marriage license or divorce decree;
154	154	(15) a voter registration certificate;
155	155	(16) a pilot's license issued by the Federal Aviation
156	156	Administration or another authorized agency of the United States;
157	157	(17) a license to carry a handgun under Subchapter H,
158	158	Chapter 411, Government Code;
159	159	(18) [a temporary driving permit or] a temporary
160	160	identification card issued by the Department of Public Safety; or
161	161	(19) an offender identification card issued by the
162	162	Texas Department of Criminal Justice.
163	163	SECTION 8. Sections 524.011(f), 524.037(c), and
164	164	724.032(e), Transportation Code, are repealed.
165	165	SECTION 9. The change in law made by this Act applies only
166	166	to a failure to pass a test for intoxication or a refusal to submit
167	167	to the taking of a specimen to test for intoxication that occurs on
168	168	or after the effective date of this Act. A failure to pass a test
169	169	for intoxication or refusal to submit to the taking of a specimen
170	170	that occurred before the effective date of this Act is governed by
171	171	the law in effect when the test was taken or the refusal was made,
172	172	and the former law is continued in effect for that purpose.
173	173	SECTION 10. This Act takes effect September 1, 2021.