HBA-RBT H.B. 2327 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2327 By: Smith Criminal Jurisprudence 3/12/1999 Introduced BACKGROUND AND PURPOSE Texas law enforcement officers who request a breath test from drivers suspected of driving while intoxicated (DWI) are refused 46 percent of the time. This could be due to the fact that the statute only requires a driver's license suspension of 90 days for a refusal. H.B. 2327 increases the length of a driver's license suspension for a breath test refusal from 90 days to one year. The suspension is further increased to two years if the person has previously been convicted of DWI or has refused to provide a specimen after being arrested for suspicion of driving while intoxicated. This bill allows the arresting officer to immediately take possession of a person's license and issue a temporary permit which is valid for 40 days. This bill also increases the driver's license suspension upon arrest from 60 days to one year if the person has one or more alcohol-related or drug-related contacts within the last 10 years, rather than the last five years. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 524.011(b)(1) and (2), Transportation Code, to require a peace officer to take possession of a person's driver's license when the person is arrested for certain alcoholrelated offenses. Requires the officer to issue a temporary driving permit to the person, unless the officer determines that the person does not have a valid license or permit. Provides that the temporary permit is valid for 40 days. Prohibits the officer from taking possession of an out-of-state driver's license and requires the officer to serve notice of suspension of the person's privilege to operate a motor vehicle in this state. Provides that a temporary permit that authorizes a person to drive a commercial motor vehicle is not effective until 24 hours after the arrest. Includes a copy of the temporary driver's permit and the person's driver's license among the list of items that the officer is required to send to the Department of Public Safety (department). SECTION 2. Amends Section 524.011(c), Transportation Code, to remove a copy of the criminal complaint filed in the case from the list of items that must be included in a sworn report of information relevant to the arrest that must be sent to the department under Section 524.011(b). SECTION 3. Amends Section 524.021(a), Transportation Code, to make a nonsubstantive change. SECTION 4. Amends Section 524.022(a), Transportation Code, to provide that the period of suspension under this chapter is 60 days for a person who has had no alcohol-related or drug-related enforcement contacts during the last ten years, rather than five years, and to provide that if a person has had one or more such enforcement contacts the suspension is for one year, rather than 180 days or 120 days. Makes a conforming change. SECTION 5. Amends Section 724.015, Transportation Code, to increase the term of suspension of a person's driver's license, or denial of issuance if the person is a resident without a license to operate a motor vehicle in this state, from not less than 90 or 120 days, to not less than one year, if a person refuses to submit to the taking of a specimen to determine the person's blood alcohol content. Provides that a person's license will be suspended or denied issuance if the person is a resident without a license to operate a motor vehicle in this state for not less than two years if the person has previously been convicted or refused to provide a specimen following an arrest under Chapter 49, Penal Code (Intoxication and Alcoholic Beverage Offenses) whether or not the person is subsequently prosecuted as a result of the arrest. Provides that a person's refusal to submit to the taking of a specimen or of the analysis of the specimen is admissible in court or a hearing under this chapter if the arresting officer explained the information required by this section or provided information about the consequences of a person's refusal or submittal in a manner that is not coercive or misleading and substantially complies with this section. SECTION 6. Amends Section 724.032, Transportation Code, to require a peace officer to take possession of a person's driver's license if a person refuses to submit to the taking of a specimen when requested under this chapter. Requires the officer to issue a temporary driving permit. Provides that the temporary permit is valid for 40 days. Prohibits the officer from issuing a temporary permit to a person who does not have a valid license or permit. Requires an officer to serve a notice of suspension of driving privileges in this state to nonresident motorists, but prohibits the officer from taking an out-of-state license. Provides that a temporary permit that authorizes the person to operate a commercial motor vehicle is not effective for 24 hours after the arrest. Provides that written reports to the director of the department must include a copy of the temporary permit and the driver's license taken by the officer. Requires the officer to provide the department a copy of the driver's permit and the driver's license taken by the officer, along with the notice of suspension or denial and the refusal report, no late than five business days after the date of arrest. Requires the department to develop forms for temporary driving permits that are required to be used by all state and local law enforcement agencies. Makes conforming changes. SECTION 7. Amends Section 724.035, Transportation Code, to provide that the period of suspension under this chapter is 60 days for a person who has had no alcohol-related or drug-related enforcement contacts during the last ten years, rather than five years, and to provide that if a person has had one or more such enforcement contacts the suspension is for one year, rather than 180 days or 120 days. Makes conforming and nonsubstantive changes. SECTION 8. Makes application of this Act prospective. SECTION 9. Effective date: September 1, 1999. SECTION 10. Emergency clause.