BILL ANALYSIS



H.B. 2558
By: Dutton
04-27-95
Committee Report (Unamended)


BACKGROUND

Current law (VTCA Chapter 49, Sec. 49.02B) provides a defense to
public intoxication when alcohol or other substance is administered
for therapeutic purposes and as part of a person's medical
treatment by a licensed physician.  This law does not provide for
a timely evaluation of blood alcohol content of a person arrested
for public intoxication, nor does it allow for an independent
professional evaluation of blood alcohol content.

PURPOSE

If enacted, H.B. 2558 would provide for a timely evaluation of
blood alcohol content by an independent professional (physician
qualified technician, chemist or registered professional nurse) of
the person's own choice.  The bill would also make this evidence
admissible at the trial for the offense.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.02, Penal Code (PUBLIC INTOXICATION),
by adding Subsection (e) as follows:

     (e) Entitles a person arrested for public intoxication, upon
     request within a certain reasonable time frame, to have an
     independent professional (physician, qualified technician,
     chemist or registered nurse) of his or her own choice to draw
     blood and perform an analysis.  Makes analysis under this
     subsection admissible on trial of offense to prove the extent,
     if any, to which the person was under the influence of alcohol
     or other substance at the time of arrest.

SECTION 2.  Emergency clause.  Effective upon passage.

SUMMARY OF COMMITTEE ACTION

HB 2558 was considered by the full committee in a public hearing on
April 24, 1995.  The following persons testified against the bill:

     Jimmy Fawcett, representing the Texas Police Chiefs
     Association; and
     Sgt. S. C. Van Vlech, representing the Fort Worth Police
     Department.

The bill was left pending.

HB 2558 was considered by the full committee in a formal meeting on
April 27, 1995.  HB 2558 was reported favorably without amendment,
with the recommendation that it do pass and be printed, by a record
vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.