Section 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 (e)[Repealed by 2023 amendment]Tex. Transp. Code § 724.032
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 766,Sec. 8, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 766,Sec. 4, eff. 9/1/2023. Amended by Acts 2001, 77th Leg., ch. 444, Sec. 9, eff. Sept. 1, 2001Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.