By Dutton                                             H.B. No. 2558
       74R4350 JD-D
                                 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 to
    1-4  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.  An analysis made under this subsection is
   1-14  admissible on the trial of the offense to prove the extent if any
   1-15  to which the person was under the influence of alcohol or other
   1-16  substance at the time of the arrest.  The refusal or inability of
   1-17  the arresting officer to comply with a person's request under this
   1-18  subsection is admissible on the trial of the offense.
   1-19        SECTION 2.  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,
   1-24  and that this Act take effect and be in force from and after its
    2-1  passage, and it is so enacted.