By Holzheauser                                   H.B. No. 904

      75R1856 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to an arrest for the offense of public intoxication.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 14, Code of Criminal Procedure, is

 1-5     amended by adding Article 14.032 to read as follows:

 1-6           Art. 14.032.  INQUIRY INTO PHYSICAL OR MENTAL CONDITION. (a)

 1-7     Before a peace officer arrests a person for an offense under

 1-8     Section 49.02, Penal Code, the officer shall ask the person whether

 1-9     the person has a physical or mental condition or disease, unrelated

1-10     to the introduction into the person's body of alcohol or another

1-11     intoxicating substance, which condition or disease could cause the

1-12     person to appear to be intoxicated.

1-13           (b)  In the prosecution of an offense under Section 49.02,

1-14     Penal Code, it is not a defense to prosecution that the arresting

1-15     officer did not comply with Subsection (a) of this article.  That

1-16     the officer did not comply with Subsection (a) of this article is

1-17     admissible in the trial of the offense.

1-18           SECTION 2.  This Act takes effect September 1, 1997.  The

1-19     change in law made by this Act applies only to an arrest for an

1-20     offense under Section 49.02, Penal Code, that is made on or after

1-21     September 1, 1997.  An arrest for an offense under Section 49.02,

1-22     Penal Code, that was made before September 1, 1997, is covered by

1-23     the law in effect when the arrest was made, and the former law is

1-24     continued in effect for that purpose.

 2-1           SECTION 3.  The importance of this legislation and the

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

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended.