SUBCHAPTER C. SUSPENSION OR DENIAL OF LICENSE ON REFUSAL OF SPECIMEN

§ 724.031. STATEMENT REQUESTED ON REFUSAL

If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace 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 refused to submit to the taking of a specimen.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 724.032. OFFICER'S DUTIES FOR LICENSE SUSPENSION; WRITTEN REFUSAL REPORT.

(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;
(2) take possession of any license issued by this state and held by the person arrested;
(3) issue a temporary driving [0] 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.

(b) The director must approve the form of the refusal report. The report must:
(1) show the grounds for the officer's belief that the person had been operating a motor vehicle or watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while [0] intoxicated [0] ; and
(2) contain a copy of:
  (A) the refusal statement requested under Section 724.031; or
 (B) a statement signed by the officer that the person refused to:
(i) submit to the taking of the requested specimen; and
(ii) sign the requested statement under Section 724.031.

(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;
(2) any license taken by the officer under Subsection (a);
(3) a copy of any temporary driving [0] 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 [0] permits to be used by all state and local law enforcement agencies.

(e) A temporary driving [0] permit issued under this section expires on the 41st day after the date of issuance. If the person was driving [0] a commercial motor vehicle, as defined by Section 522.003, a temporary driving [0] permit that authorizes the person to drive a commercial motor vehicle is not effective until 24 hours after the time of arrest.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 444, § 9, eff. Sept. 1, 2001.