| 1 | 1 | | 87R1460 LHC-F |
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| 2 | 2 | | By: González of Dallas H.B. No. 656 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a signed statement indicating that a person voluntarily |
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| 8 | 8 | | consented to submit to the taking of a breath or blood specimen to |
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| 9 | 9 | | test for intoxication. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 724.015, Transportation Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE |
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| 14 | 14 | | REQUESTING SPECIMEN; STATEMENT OF CONSENT. (a) Before requesting a |
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| 15 | 15 | | person to submit to the taking of a specimen, the officer shall |
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| 16 | 16 | | inform the person orally and in writing that: |
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| 17 | 17 | | (1) if the person refuses to submit to the taking of |
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| 18 | 18 | | the specimen, that refusal may be admissible in a subsequent |
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| 19 | 19 | | prosecution; |
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| 20 | 20 | | (2) if the person refuses to submit to the taking of |
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| 21 | 21 | | the specimen, the person's license to operate a motor vehicle will |
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| 22 | 22 | | be automatically suspended, whether or not the person is |
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| 23 | 23 | | subsequently prosecuted as a result of the arrest, for not less than |
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| 24 | 24 | | 180 days; |
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| 25 | 25 | | (3) if the person refuses to submit to the taking of a |
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| 26 | 26 | | specimen, the officer may apply for a warrant authorizing a |
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| 27 | 27 | | specimen to be taken from the person; |
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| 28 | 28 | | (4) if the person is 21 years of age or older and |
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| 29 | 29 | | submits to the taking of a specimen designated by the officer and an |
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| 30 | 30 | | analysis of the specimen shows the person had an alcohol |
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| 31 | 31 | | concentration of a level specified by Chapter 49, Penal Code, the |
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| 32 | 32 | | person's license to operate a motor vehicle will be automatically |
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| 33 | 33 | | suspended for not less than 90 days, whether or not the person is |
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| 34 | 34 | | subsequently prosecuted as a result of the arrest; |
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| 35 | 35 | | (5) if the person is younger than 21 years of age and |
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| 36 | 36 | | has any detectable amount of alcohol in the person's system, the |
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| 37 | 37 | | person's license to operate a motor vehicle will be automatically |
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| 38 | 38 | | suspended for not less than 60 days even if the person submits to |
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| 39 | 39 | | the taking of the specimen, but that if the person submits to the |
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| 40 | 40 | | taking of the specimen and an analysis of the specimen shows that |
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| 41 | 41 | | the person had an alcohol concentration less than the level |
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| 42 | 42 | | specified by Chapter 49, Penal Code, the person may be subject to |
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| 43 | 43 | | criminal penalties less severe than those provided under that |
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| 44 | 44 | | chapter; |
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| 45 | 45 | | (6) if the officer determines that the person is a |
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| 46 | 46 | | resident without a license to operate a motor vehicle in this state, |
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| 47 | 47 | | the department will deny to the person the issuance of a license, |
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| 48 | 48 | | whether or not the person is subsequently prosecuted as a result of |
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| 49 | 49 | | the arrest, under the same conditions and for the same periods that |
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| 50 | 50 | | would have applied to a revocation of the person's driver's license |
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| 51 | 51 | | if the person had held a driver's license issued by this state; and |
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| 52 | 52 | | (7) the person has a right to a hearing on the |
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| 53 | 53 | | suspension or denial if, not later than the 15th day after the date |
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| 54 | 54 | | on which the person receives the notice of suspension or denial or |
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| 55 | 55 | | on which the person is considered to have received the notice by |
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| 56 | 56 | | mail as provided by law, the department receives, at its |
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| 57 | 57 | | headquarters in Austin, a written demand, including a facsimile |
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| 58 | 58 | | transmission, or a request in another form prescribed by the |
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| 59 | 59 | | department for the hearing. |
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| 60 | 60 | | (b) If a person consents to the request of an officer to |
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| 61 | 61 | | submit to the taking of a specimen, the officer shall request the |
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| 62 | 62 | | person to sign a statement that: |
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| 63 | 63 | | (1) the officer requested that the person submit to |
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| 64 | 64 | | the taking of a specimen; |
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| 65 | 65 | | (2) the person was informed of the consequences of not |
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| 66 | 66 | | submitting to the taking of a specimen; and |
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| 67 | 67 | | (3) the person voluntarily consented to the taking of |
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| 68 | 68 | | a specimen. |
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| 69 | 69 | | SECTION 2. The change in law made by this Act applies only |
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| 70 | 70 | | to the request for the taking of a breath or blood specimen to test |
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| 71 | 71 | | for intoxication that occurs on or after the effective date of this |
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| 72 | 72 | | Act. The request for the taking of a specimen that occurs before |
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| 73 | 73 | | the effective date of this Act is governed by the law in effect on |
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| 74 | 74 | | the date the specimen was requested, and the former law is continued |
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| 75 | 75 | | in effect for that purpose. |
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| 76 | 76 | | SECTION 3. This Act takes effect September 1, 2021. |
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