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.