87R1460 LHC-F
By: González of Dallas H.B. No. 656
A BILL TO BE ENTITLED
AN ACT
relating to a signed statement indicating that a person voluntarily
consented to submit to the taking of a breath or blood specimen to
test for 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; STATEMENT OF CONSENT. (a) 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) 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) 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) 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.
(b) If a person consents to the request of an officer to
submit to the taking of a specimen, the officer shall request the
person to sign a statement that:
(1) the officer requested that the person submit to
the taking of a specimen;
(2) the person was informed of the consequences of not
submitting to the taking of a specimen; and
(3) the person voluntarily consented to the taking of
a specimen.
SECTION 2. The change in law made by this Act applies only
to the request for the taking of a breath or blood specimen to test
for intoxication that occurs on or after the effective date of this
Act. The request for the taking of a specimen that occurs before
the effective date of this Act is governed by the law in effect on
the date the specimen was requested, and the former law is continued
in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.