SRC-DPW S.B. 1409 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1409
76R9149 PEP-DBy: Zaffirini
Criminal Justice
4/6/1999
As Filed


DIGEST 

Currently, arresting officers do not carry breath-test machines in their
vehicles, but offer the test later at a police station.  In such instances,
the test is administered 90 minutes after the arrest.  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 do not provide sufficient
evidence to indicate the suspect's bloodalcohol concentration at the time
of arrest.  The bill would establish a presumption that results of a breath
or blood test given up to two hours after a person is arrested provide
sufficient evidence to prove that the person was driving while intoxicated. 

PURPOSE

As proposed, S.B. 1409 creates a presumption regarding a person's alcohol
concentration level for the purposes of the administrative suspension of
the person's driver's license. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 524D, Transportation Code, by adding Section
524.0375, as follows: 

Sec. 524.0375. PRESUMPTION REGARDING ANALYSIS. Provides that for the
purposes of this chapter, it is presumed that a person's alcohol
concentration level is equal to or higher than the level 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.