Texas 2023 - 88th Regular

Texas House Bill HB4528 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4528
2	2
3	3
4	4	AN ACT
5	5	relating to the requirement that a peace officer take possession of
6	6	a person's driver's license following the person's failure to pass
7	7	or refusal to consent to a test for intoxication.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 524.011(b), (c), and (e),
10	10	Transportation Code, are amended to read as follows:
11	11	(b) A peace officer shall:
12	12	(1) serve or, if a specimen is taken and the analysis
13	13	of the specimen is not returned to the arresting officer before the
14	14	person is admitted to bail, released from custody, delivered as
15	15	provided by Title 3, Family Code, or committed to jail, attempt to
16	16	serve notice of driver's license suspension by delivering the
17	17	notice to the arrested person; and
18	18	(2) [take possession of any driver's license issued by
19	19	this state and held by the person arrested;
20	20	[(3) issue a temporary driving permit to the person
21	21	unless department records show or the officer otherwise determines
22	22	that the person does not hold a driver's license to operate a motor
23	23	vehicle in this state; and
24	24	[(4)] send to the department not later than the fifth
25	25	business day after the date of the arrest:
26	26	(A) a copy of the driver's license suspension
27	27	notice; and
28	28	(B) [any driver's license taken by the officer
29	29	under this subsection;
30	30	[(C) a copy of any temporary driving permit
31	31	issued under this subsection; and
32	32	[(D)] a sworn report of information relevant to
33	33	the arrest.
34	34	(c) The report required under Subsection (b)(2)(B)
35	35	[(b)(4)(D)] must:
36	36	(1) identify the arrested person;
37	37	(2) state the arresting officer's grounds for
38	38	believing the person committed the offense;
39	39	(3) give the analysis of the specimen if any; and
40	40	(4) include a copy of the criminal complaint filed in
41	41	the case, if any.
42	42	(e) The department shall develop forms for the notice of
43	43	driver's license suspension [and temporary driving permits] to be
44	44	used by all state and local law enforcement agencies.
45	45	SECTION 2. Section 524.032(d), Transportation Code, is
46	46	amended to read as follows:
47	47	(d) A request for a hearing stays suspension of a person's
48	48	driver's license until the date of the final decision of the
49	49	administrative law judge. [If the person's driver's license was
50	50	taken by a peace officer under Section 524.011(b), the department
51	51	shall notify the person of the effect of the request on the
52	52	suspension of the person's license before the expiration of any
53	53	temporary driving permit issued to the person, if the person is
54	54	otherwise eligible, in a manner that will permit the person to
55	55	establish to a peace officer that the person's driver's license is
56	56	not suspended.]
57	57	SECTION 3. Section 524.035(c), Transportation Code, is
58	58	amended to read as follows:
59	59	(c) If the administrative law judge does not find in the
60	60	affirmative on each issue in Subsection (a), the department shall:
61	61	(1) [return the person's driver's license to the
62	62	person, if the license was taken by a peace officer under Section
63	63	524.011(b);
64	64	[(2)] reinstate the person's driver's license; and
65	65	(2) [(3)] rescind an order prohibiting the issuance of
66	66	a driver's license to the person.
67	67	SECTION 4. Sections 724.032(a), (c), and (d),
68	68	Transportation Code, are amended to read as follows:
69	69	(a) If a person refuses to submit to the taking of a
70	70	specimen, whether expressly or because of an intentional failure of
71	71	the person to give the specimen, the peace officer shall:
72	72	(1) serve notice of license suspension or denial on
73	73	the person; and
74	74	(2) [take possession of any license issued by this
75	75	state and held by the person arrested;
76	76	[(3) issue a temporary driving permit to the person
77	77	unless department records show or the officer otherwise determines
78	78	that the person does not hold a license to operate a motor vehicle
79	79	in this state; and
80	80	[(4)] make a written report of the refusal to the
81	81	director of the department.
82	82	(c) The officer shall forward to the department not later
83	83	than the fifth business day after the date of the arrest:
84	84	(1) a copy of the notice of suspension or denial; and
85	85	(2) [any license taken by the officer under Subsection
86	86	(a);
87	87	[(3) a copy of any temporary driving permit issued
88	88	under Subsection (a); and
89	89	[(4)] a copy of the refusal report.
90	90	(d) The department shall develop forms for notices of
91	91	suspension or denial [and temporary driving permits] to be used by
92	92	all state and local law enforcement agencies.
93	93	SECTION 5. Section 724.041(c), Transportation Code, is
94	94	amended to read as follows:
95	95	(c) A request for a hearing stays the suspension or denial
96	96	until the date of the final decision of the administrative law
97	97	judge. [If the person's license was taken by a peace officer under
98	98	Section 724.032(a), the department shall notify the person of the
99	99	effect of the request on the suspension of the person's license
100	100	before the expiration of any temporary driving permit issued to the
101	101	person, if the person is otherwise eligible, in a manner that will
102	102	permit the person to establish to a peace officer that the person's
103	103	license is not suspended.]
104	104	SECTION 6. Section 724.043(b), Transportation Code, is
105	105	amended to read as follows:
106	106	(b) If the administrative law judge does not find in the
107	107	affirmative on each issue under Section 724.042, the department
108	108	shall [return the person's license to the person, if the license was
109	109	taken by a peace officer under Section 724.032(a), and] reinstate
110	110	the person's license or rescind any order denying the issuance of a
111	111	license because of the person's refusal to submit to the taking of a
112	112	specimen under Section 724.032(a).
113	113	SECTION 7. Section 2.005(b), Family Code, is amended to
114	114	read as follows:
115	115	(b) The proof must be established by:
116	116	(1) a driver's license or identification card issued
117	117	by this state, another state, or a Canadian province that is current
118	118	or has expired not more than two years preceding the date the
119	119	identification is submitted to the county clerk in connection with
120	120	an application for a license;
121	121	(2) a United States passport;
122	122	(3) a current passport issued by a foreign country or a
123	123	consular document issued by a state or national government;
124	124	(4) an unexpired Certificate of United States
125	125	Citizenship, Certificate of Naturalization, United States Citizen
126	126	Identification Card, Permanent Resident Card, Temporary Resident
127	127	Card, Employment Authorization Card, or other document issued by
128	128	the federal Department of Homeland Security or the United States
129	129	Department of State including an identification photograph;
130	130	(5) an unexpired military identification card for
131	131	active duty, reserve, or retired personnel with an identification
132	132	photograph;
133	133	(6) an original or certified copy of a birth
134	134	certificate issued by a bureau of vital statistics for a state or a
135	135	foreign government;
136	136	(7) an original or certified copy of a Consular Report
137	137	of Birth Abroad or Certificate of Birth Abroad issued by the United
138	138	States Department of State;
139	139	(8) an original or certified copy of a court order
140	140	relating to the applicant's name change or sex change;
141	141	(9) school records from a secondary school or
142	142	institution of higher education;
143	143	(10) an insurance policy continuously valid for the
144	144	two years preceding the date of the application for a license;
145	145	(11) a motor vehicle certificate of title;
146	146	(12) military records, including documentation of
147	147	release or discharge from active duty or a draft record;
148	148	(13) an unexpired military dependent identification
149	149	card;
150	150	(14) an original or certified copy of the applicant's
151	151	marriage license or divorce decree;
152	152	(15) a voter registration certificate;
153	153	(16) a pilot's license issued by the Federal Aviation
154	154	Administration or another authorized agency of the United States;
155	155	(17) a license to carry a handgun under Subchapter H,
156	156	Chapter 411, Government Code;
157	157	(18) [a temporary driving permit or] a temporary
158	158	identification card issued by the Department of Public Safety; or
159	159	(19) an offender identification card issued by the
160	160	Texas Department of Criminal Justice.
161	161	SECTION 8. Sections 524.011(f), 524.037(c), and
162	162	724.032(e), Transportation Code, are repealed.
163	163	SECTION 9. The change in law made by this Act applies only
164	164	to a failure to pass a test for intoxication or a refusal to submit
165	165	to the taking of a specimen to test for intoxication that occurs on
166	166	or after the effective date of this Act. A failure to pass a test
167	167	for intoxication or refusal to submit to the taking of a specimen
168	168	that occurred before the effective date of this Act is governed by
169	169	the law in effect when the test was taken or the refusal was made,
170	170	and the former law is continued in effect for that purpose.
171	171	SECTION 10. This Act takes effect September 1, 2023.
172	172	______________________________ ______________________________
173	173	President of the Senate Speaker of the House
174	174	I certify that H.B. No. 4528 was passed by the House on April
175	175	28, 2023, by the following vote: Yeas 139, Nays 5, 2 present, not
176	176	voting.
177	177	______________________________
178	178	Chief Clerk of the House
179	179	I certify that H.B. No. 4528 was passed by the Senate on May
180	180	18, 2023, by the following vote: Yeas 31, Nays 0.
181	181	______________________________
182	182	Secretary of the Senate
183	183	APPROVED: _____________________
184	184	Date
185	185	_____________________
186	186	Governor