By: Dutton H.B. No. 707 73R3023 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the right of an individual arrested for the offense of 1-3 public intoxication to request an analysis of the individual's 1-4 blood to determine intoxication. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 42.08, Penal Code, is amended by adding 1-7 Subsection (i) to read as follows: 1-8 (i) An individual arrested for an offense under this 1-9 section, on request to the arresting officer within a reasonable 1-10 time not to exceed two hours after the arrest, is entitled to have 1-11 a physician, qualified technician, chemist, or registered 1-12 professional nurse of the individual's own choice draw a specimen 1-13 and have an analysis made of the individual's blood. An analysis 1-14 made under this subsection is admissible on the trial of the 1-15 offense to prove the extent if any to which the individual was 1-16 under the influence of alcohol or other substance at the time of 1-17 the arrest. The refusal or inability of the arresting officer to 1-18 comply with an individual's request under this subsection is 1-19 admissible on the trial of the offense. 1-20 SECTION 2. The importance of this legislation and the 1-21 crowded condition of the calendars in both houses create an 1-22 emergency and an imperative public necessity that the 1-23 constitutional rule requiring bills to be read on three several 1-24 days in each house be suspended, and this rule is hereby suspended, 2-1 and that this Act take effect and be in force from and after its 2-2 passage, and it is so enacted.