HBA-RBT S.B. 388 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 388
By: Lucio
Criminal Jurisprudence
5/4/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law requires a term of confinement for 72 hours and a
90-day license suspension for a person who refuses to submit to the taking
of a specimen as a result of driving while intoxicated.  This bill requires
a mandatory five-day jail sentence and an automatic one-year license
suspension for a person who refuses to submit to the taking of a specimen
as a result of driving while intoxicated. 

S.B. 388 establishes criminal consequences of driving while intoxicated and
civil consequences of failure to submit to the taking of a blood, breath,
or urine specimen for analysis to determine intoxication. 


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 49.04, Penal Code, by amending Subsection (b)
and adding Subsection (d), to establish that an offense under this section
is a Class B misdemeanor with a minimum term of confinement of five days if
the defendant was arrested, was requested by a police officer to submit
specimens for a drug or alcohol test, and the defendant refused.  

SECTION 2.  Amends Section 724.015, Transportation Code, to increase the
amount of time a person's license to operate a motor vehicle is suspended
from 90 days to one year for refusing to submit to the taking of a
specimen.  Establishes that if a person refuses to consent to the taking of
the specimen, and the person is subsequently prosecuted and convicted as a
result of the  arrest for an offense under Section 49.04, Penal Code,  the
minimum term of confinement  for the offense is increased from 72 hours to
five days.  Deletes text regarding the amount of time a person's license is
automatically suspended as a result of an arrest for refusing to submit to
the taking of a specimen. Makes a conforming change. 

SECTION 3.  Amends Section 724.035, Transportation Code, to delete text
regarding the period of suspension or denial of a person's motor vehicle
license.  Makes conforming changes. 

SECTION 4.  Amends Section 724.043(a), to make a conforming change.

SECTION 5.   Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 6.  Emergency clause.