By: Sibley S.B. No. 53
73R961 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consequences of a driver's refusing to give a
1-3 specimen of breath or blood.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3(g), Chapter 434, Acts of the 61st
1-6 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (g) If the person refuses a request by an officer to give a
1-9 specimen of breath or blood, whether the refusal was express or the
1-10 result of an intentional failure of the person to give the
1-11 specimen, that fact may be introduced into evidence at the person's
1-12 trial and establishes a presumption of intoxication.
1-13 SECTION 2. This Act takes effect September 1, 1993. The
1-14 change in law made by this Act applies only to a person who is
1-15 arrested on or after the effective date of this Act. A person
1-16 arrested before the effective date of this Act is covered by the
1-17 law in effect when the arrest occurred, and the former law is
1-18 continued in effect for this purpose.
1-19 SECTION 3. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended.