By Dutton                                        H.B. No. 705

      75R4240 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 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     Subsections (e), (f), (g), and (h) 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:

1-11                 (1)  have a physician, qualified technician, chemist,

1-12     or registered professional nurse of the person's own choice draw a

1-13     specimen and have an analysis made of the person's blood; or

1-14                 (2)  on payment of the required fee, provide a breath

1-15     specimen and have an analysis made of the person's breath.

1-16           (f)  A breath specimen taken at the request of the person

1-17     arrested must be taken and analyzed under rules of the Texas

1-18     Department of Public Safety by an individual possessing a

1-19     certificate issued by that department certifying that the

1-20     individual is qualified to perform the analysis.

1-21           (g)  An analysis made under Subsection (e) is admissible on

1-22     the trial of the offense to prove the extent if any to which the

1-23     person was under the influence of alcohol or other substance at the

1-24     time of the arrest.  The refusal or inability of the arresting

 2-1     officer to comply with a person's request under Subsection (e) is

 2-2     admissible on the trial of the offense.

 2-3           (h)  The Texas Department of Public Safety by rule shall

 2-4     prescribe the amount of the required fee for an analysis of a

 2-5     person's breath requested under Subsection (e)(2).  The fee may not

 2-6     exceed an amount that is equal to the average cost to the

 2-7     department in the preceding fiscal year of analyzing a breath

 2-8     specimen taken by the department under Chapter 724, Transportation

 2-9     Code.

2-10           SECTION 2.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended,

2-15     and that this Act take effect and be in force from and after its

2-16     passage, and it is so enacted.