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.