Bill Text: TX HB656 | 2021-2022 | 87th Legislature | Introduced

Texas House Bill 656 (Prior Session Legislation)

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.

Sponsorship: Partisan Bill (Democrat 1)

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



	A BILL TO BE ENTITLED
	AN ACT
	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.