By Keel                                                H.B. No. 119
         76R908 PEP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the taking of a specimen of a person's breath or blood
 1-3     in connection with certain alcohol-related offenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 724.012, Transportation Code, is amended
 1-6     by amending Subsection (b) and adding Subsection (d) to read as
 1-7     follows:
 1-8           (b)  A peace officer shall require the taking of a specimen
 1-9     of the person's breath or blood if:
1-10                 (1)  the officer arrests the person for an offense
1-11     under Chapter 49, Penal Code, involving the operation of a motor
1-12     vehicle or a watercraft;
1-13                 (2)  the person was the operator of a motor vehicle or
1-14     a watercraft involved in an accident that the officer reasonably
1-15     believes occurred as a result of the offense;
1-16                 (3)  at the time of the arrest the officer reasonably
1-17     believes that [a person has died or will die] as a direct result of
1-18     the accident:
1-19                       (A)  any individual has died or will die; or
1-20                       (B)  an individual other than the person has
1-21     suffered serious bodily injury; and
1-22                 (4)  the person refuses the officer's request to submit
1-23     to the taking of a specimen voluntarily.
1-24           (d)  In this section, "serious bodily injury" has the meaning
 2-1     assigned by Section 1.07, Penal Code.
 2-2           SECTION 2.  The change in law made by this Act applies only
 2-3     to the taking of a specimen of a person's breath or blood under
 2-4     Section 724.012, Transportation Code, as amended by this Act, on or
 2-5     after the effective date of this Act.  The taking of a specimen
 2-6     before the effective date of this Act is covered by the law in
 2-7     effect when the specimen was taken, and the former law is continued
 2-8     in effect for that purpose.
 2-9           SECTION 3.  This Act takes effect September 1, 1999.
2-10           SECTION 4.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended.