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A BILL TO BE ENTITLED
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AN ACT
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relating to the issues at a hearing for a person whose driver's |
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license is administratively suspended for refusal to consent to the |
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taking of a specimen following an arrest for certain intoxication |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.042, Transportation Code, is amended |
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to read as follows: |
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Sec. 724.042. ISSUES AT HEARING. The issues at a hearing |
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under this subchapter are whether: |
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(1) [reasonable suspicion or probable cause existed to
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stop or arrest the person;
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[(2) probable cause existed to believe that] the |
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person was: |
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(A) operating a motor vehicle in a public place |
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[while intoxicated]; or |
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(B) operating a watercraft powered with an engine |
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having a manufacturer's rating of 50 horsepower or above [while
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intoxicated]; |
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(2) [(3)] the person was placed under arrest [by the
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officer] and was requested by a peace officer to submit to the |
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taking of a specimen; and |
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(3) [(4)] the person refused to submit to the taking |
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of a specimen on request of the officer. |
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SECTION 2. This Act takes effect September 1, 2011. |