HBA-NMO S.B. 1409 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1409 By: Zaffirini Criminal Jurisprudence 5/13/1999 Engrossed BACKGROUND AND PURPOSE In October 1998, the Fourth Court of Appeals in San Antonio ruled that results of a breath test administered an hour after a suspect was arrested did not provide sufficient evidence of the suspect's blood-alcohol concentration at the time of arrest. S.B. 1409 creates a presumption that a person's blood-alcohol level at the time of operating a vehicle in a public place is equal to or higher than the level shown by an analysis of breath, blood, or other bodily substance taken from the person up to two hours after the time of the person's arrest. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 524, Transportation Code, by adding Section 524.0375, as follows: Sec. 524.0375. PRESUMPTION REGARDING ANALYSIS. Provides that a person's alcohol concentration level, at the time of operating a motor vehicle in a public place and for the purposes of this chapter (Administrative Suspension of Driver's License For Failure to Pass Test for Intoxication), is presumed equal to or higher than the level in Section 49.01 (Definitions), Penal Code, shown by an analysis of breath, blood, or other bodily substances taken from the person at or not later than two hours after the time of the person's arrest. SECTION 2. Makes application of this Act prospective. SECTION 3.Emergency clause. Effective date: upon passage.