HBA-NMO S.B. 1409 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 1409
By: Zaffirini
Criminal Jurisprudence
5/20/1999
Committee Report (Amended)


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.

EXPLANATION OF AMENDMENTS

Committee Amendment No.  1.

Amends SECTION 1 by amending proposed Section 524.0375, Transportation
Code, to specify that it is presumed that at the time of operating a motor
vehicle in a public place, the person operating the vehicle had an alcohol
concentration level equal to or higher than the level shown by an analysis
of breath, blood, or other bodily substance taken not later than two hours
after the person's arrest, if that analysis shows an alcohol concentration
level equal to or higher than the level in Section 49.01 (Definitions),
Penal Code.