By Dutton H.B. No. 2558 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the right of a person arrested for the offense of 1-3 public intoxication to request an analysis of the person's blood or 1-4 breath to determine intoxication. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 49.02, Penal Code, is amended by adding 1-7 Subsection (e) to read as follows: 1-8 (e) A person arrested for an offense under this section, on 1-9 request to the arresting officer within a reasonable time not to 1-10 exceed two hours after the arrest, is entitled to have a physician, 1-11 qualified technician, chemist, or registered professional nurse of 1-12 the person's own choice draw a specimen and have an analysis made 1-13 of the person's blood or breath. An analysis made under this 1-14 subsection is admissible on the trial of the offense to prove the 1-15 extent if any to which the person was under the influence of 1-16 alcohol or other substance at the time of the arrest. The refusal 1-17 or inability of the arresting officer to comply with a person's 1-18 request under this subsection is admissible on the trial of the 1-19 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.