Bill Text: TX HB656 | 2021-2022 | 87th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Homeland Security & Public Safety [HB656 Detail]
Download: Texas-2021-HB656-Introduced.html
87R1460 LHC-F | ||
By: González of Dallas | H.B. No. 656 |
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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. |