An arresting officer must follow the notice-and-report steps for certain alcohol-related arrests, and a peace officer must deliver the suspension notice and send the required report to the department on time.
Sec. 524.011. OFFICER'S DUTIES FOR DRIVER'S LICENSE SUSPENSION. (a) An officer arresting a person shall comply with Subsection (b) if: (1) the person is arrested for an offense under Section 49.04, 49.045, 49.06, or 49.061, Penal Code, or an offense under Section 49.07 or 49.08 of that code involving the operation of a motor vehicle or watercraft, submits to the taking of a specimen of breath or blood and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code; or (2) the person is a minor arrested for an offense under Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, or 49.061, Penal Code, or an offense under Section 49.07 or 49.08, Penal Code, involving the operation of a motor vehicle or watercraft and: (A) the minor is not requested to submit to the taking of a specimen; or (B) the minor submits to the taking of a specimen and an analysis of the specimen shows that the minor had an alcohol concentration of greater than .00 but less than the level specified by Section 49.01(2)(B), Penal Code. (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) 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) a sworn report of information relevant to the arrest. (c) The report required under Subsection (b)(2)(B) 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. (d) A peace officer shall make the report on a form approved by the department and in the manner specified by the department. (e) The department shall develop forms for the notice of driver's license suspension to be used by all state and local law enforcement agencies. (f) Repealed by Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 8, eff.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 1997, 75th Leg., ch. 609, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 22, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 444, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 20.0045, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 11, eff. September 1, 2009. Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 8, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 13, eff. September 1, 2023.