By: Allen	H.B. No. 2147

	A BILL TO BE ENTITLED
	AN ACT
	relating to the punishment for the offense of driving while license
	invalid, the period of certain driver's license suspensions, and
	the requirement that a peace officer take possession of a person's
	driver's license following the person's failure to pass or refusal
	to consent to a test for intoxication.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 521.457(e), Transportation Code, is
	amended to read as follows:
	(e)  Except as provided by Subsections [(f),] (f-1)[,] and
	(f-2), an offense under this section is a Class C misdemeanor.
	SECTION 2.  Sections 524.011(b), (c), and (e),
	Transportation Code, are amended to read as follows:
	(b)  A peace officer shall:
	(1)  serve or, if a specimen is taken and the analysis
	of the specimen is not returned to the arresting officer before the
	person is admitted to bail, released from custody, delivered as
	provided by Title 3, Family Code, or committed to jail, attempt to
	serve notice of driver's license suspension by delivering the
	notice to the arrested person; and
	(2)  [take possession of any driver's license issued by
	this state and held by the person arrested;
	[(3)  issue a temporary driving permit to the person
	unless department records show or the officer otherwise determines
	that the person does not hold a driver's license to operate a motor
	vehicle in this state; and
	[(4)]  send to the department not later than the fifth
	business day after the date of the arrest:
	(A)  a copy of the driver's license suspension
	notice; and
	(B)  [any driver's license taken by the officer
	under this subsection;
	[(C)  a copy of any temporary driving permit
	issued under this subsection; and
	[(D)]  a sworn report of information relevant to
	the arrest.
	(c)  The report required under Subsection (b)(2)(B)
	[(b)(4)(D)] must:
	(1)  identify the arrested person;
	(2)  state the arresting officer's grounds for
	believing the person committed the offense;
	(3)  give the analysis of the specimen if any; and
	(4)  include a copy of the criminal complaint filed in
	the case, if any.
	(e)  The department shall develop forms for the notice of
	driver's license suspension [and temporary driving permits] to be
	used by all state and local law enforcement agencies.
	SECTION 3.  Section 524.032(d), Transportation Code, is
	amended to read as follows:
	(d)  A request for a hearing stays suspension of a person's
	driver's license until the date of the final decision of the
	administrative law judge. [If the person's driver's license was
	taken by a peace officer under Section 524.011(b), the department
	shall notify the person of the effect of the request on the
	suspension of the person's license before the expiration of any
	temporary driving permit issued to the person, if the person is
	otherwise eligible, in a manner that will permit the person to
	establish to a peace officer that the person's driver's license is
	not suspended.]
	SECTION 4.  Section 524.035(c), Transportation Code, is
	amended to read as follows:
	(c)  If the administrative law judge does not find in the
	affirmative on each issue in Subsection (a), the department shall:
	(1)  [return the person's driver's license to the
	person, if the license was taken by a peace officer under Section
	524.011(b);
	[(2)]  reinstate the person's driver's license; and
	(2) [(3)]  rescind an order prohibiting the issuance of
	a driver's license to the person.
	SECTION 5.  Sections 724.032(a), (c), and (d),
	Transportation Code, are amended to read as follows:
	(a)  If a person refuses to submit to the taking of a
	specimen, whether expressly or because of an intentional failure of
	the person to give the specimen, the peace officer shall:
	(1)  serve notice of license suspension or denial on
	the person; and
	(2)  [take possession of any license issued by this
	state and held by the person arrested;
	[(3)  issue a temporary driving permit to the person
	unless department records show or the officer otherwise determines
	that the person does not hold a license to operate a motor vehicle
	in this state; and
	[(4)]  make a written report of the refusal to the
	director of the department.
	(c)  The officer shall forward to the department not later
	than the fifth business day after the date of the arrest:
	(1)  a copy of the notice of suspension or denial; and
	(2)  [any license taken by the officer under Subsection
	(a);
	[(3)  a copy of any temporary driving permit issued
	under Subsection (a); and
	[(4)]  a copy of the refusal report.
	(d)  The department shall develop forms for notices of
	suspension or denial [and temporary driving permits] to be used by
	all state and local law enforcement agencies.
	SECTION 6.  Section 724.041(c), Transportation Code, is
	amended to read as follows:
	(c)  A request for a hearing stays the suspension or denial
	until the date of the final decision of the administrative law
	judge. [If the person's license was taken by a peace officer under
	Section 724.032(a), the department shall notify the person of the
	effect of the request on the suspension of the person's license
	before the expiration of any temporary driving permit issued to the
	person, if the person is otherwise eligible, in a manner that will
	permit the person to establish to a peace officer that the person's
	license is not suspended.]
	SECTION 7.  Section 724.043(b), Transportation Code, is
	amended to read as follows:
	(b)  If the administrative law judge does not find in the
	affirmative on each issue under Section 724.042, the department
	shall [return the person's license to the person, if the license was
	taken by a peace officer under Section 724.032(a), and] reinstate
	the person's license or rescind any order denying the issuance of a
	license because of the person's refusal to submit to the taking of a
	specimen under Section 724.032(a).
	SECTION 8.  Section 2.005(b), Family Code, is amended to
	read as follows:
	(b)  The proof must be established by:
	(1)  a driver's license or identification card issued
	by this state, another state, or a Canadian province that is current
	or has expired not more than two years preceding the date the
	identification is submitted to the county clerk in connection with
	an application for a license;
	(2)  a United States passport;
	(3)  a current passport issued by a foreign country or a
	consular document issued by a state or national government;
	(4)  an unexpired Certificate of United States
	Citizenship, Certificate of Naturalization, United States Citizen
	Identification Card, Permanent Resident Card, Temporary Resident
	Card, Employment Authorization Card, or other document issued by
	the federal Department of Homeland Security or the United States
	Department of State including an identification photograph;
	(5)  an unexpired military identification card for
	active duty, reserve, or retired personnel with an identification
	photograph;
	(6)  an original or certified copy of a birth
	certificate issued by a bureau of vital statistics for a state or a
	foreign government;
	(7)  an original or certified copy of a Consular Report
	of Birth Abroad or Certificate of Birth Abroad issued by the United
	States Department of State;
	(8)  an original or certified copy of a court order
	relating to the applicant's name change or sex change;
	(9)  school records from a secondary school or
	institution of higher education;
	(10)  an insurance policy continuously valid for the
	two years preceding the date of the application for a license;
	(11)  a motor vehicle certificate of title;
	(12)  military records, including documentation of
	release or discharge from active duty or a draft record;
	(13)  an unexpired military dependent identification
	card;
	(14)  an original or certified copy of the applicant's
	marriage license or divorce decree;
	(15)  a voter registration certificate;
	(16)  a pilot's license issued by the Federal Aviation
	Administration or another authorized agency of the United States;
	(17)  a license to carry a handgun under Subchapter H,
	Chapter 411, Government Code;
	(18)  [a temporary driving permit or] a temporary
	identification card issued by the Department of Public Safety; or
	(19)  an offender identification card issued by the
	Texas Department of Criminal Justice.
	SECTION 9.  Section 521.457(f), Transportation Code, is
	repealed.
	SECTION 10.  Sections 524.011(f), 524.037(c), and
	724.032(e), Transportation Code, are repealed.
	SECTION 11.  (a) Section 3, Chapter 710 (H.B. 162), Acts of
	the 86th Legislature, Regular Session, 2019, is repealed.
	(b)  Section 521.293, Transportation Code, as amended by
	Chapter 710 (H.B. 162), Acts of the 86th Legislature, Regular
	Session, 2019, applies to a determination to suspend a driver's
	license that is made by the Department of Public Safety of the State
	of Texas before, on, or after the effective date of this Act.
	SECTION 12.  The change in law made by this Act to Section
	521.457, Transportation Code, applies only to an offense committed
	on or after the effective date of this Act. An offense committed
	before the effective date of this Act is governed by the law in
	effect on the date the offense was committed, and the former law is
	continued in effect for that purpose. For purposes of this section,
	an offense was committed before the effective date of this Act if
	any element of the offense occurred before that date.
	SECTION 13.  The change in law made by this Act to Chapters
	524 and 724, Transportation Code, applies only to a failure to pass
	a test for intoxication or a refusal to submit to the taking of a
	specimen to test for intoxication that occurs on or after the
	effective date of this Act. A failure to pass a test for
	intoxication or refusal to submit to the taking of a specimen that
	occurred before the effective date of this Act is governed by the
	law in effect when the test was taken or the refusal was made, and
	the former law is continued in effect for that purpose.
	SECTION 14.  This Act takes effect September 1, 2021.