Transportation Code § 724.032

Sec. 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; and (2) 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 intoxicated; 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; and (2) a copy of the refusal report. (d) The department shall develop forms for notices of suspension or denial to be used by all state and local law enforcement agencies. (e) Repealed by Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 8, eff. September 1, 2023. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 444, Sec. 9, eff. Sept. 1, 2001. Amended by: Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 4, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 8, eff. September 1, 2023.