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.