By Keel                                                H.B. No. 121
         76R2005 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to permitting an arrest without warrant for certain
 1-3     intoxication offenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 14.03(a), Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           (a)  Any peace officer may arrest, without warrant:
 1-8                 (1)  persons found in suspicious places and under
 1-9     circumstances which reasonably show that such persons have been
1-10     guilty of some felony, violation of [Title 9,] Chapter 42, Penal
1-11     Code, breach of the peace, or offense under  Section 49.02, Penal
1-12     Code, or threaten, or are about to commit some offense against the
1-13     laws;
1-14                 (2)  persons who the peace officer has probable cause
1-15     to believe have committed an assault resulting in bodily injury to
1-16     another person and the peace officer has probable cause to believe
1-17     that there is danger of further bodily injury to that person;
1-18                 (3)  persons who the peace officer has probable cause
1-19     to believe have committed the offense defined by  Section 25.07,
1-20     Penal Code (violation of Protective Order), if the offense is not
1-21     committed in the presence of the peace officer; [or]
1-22                 (4)  persons who the peace officer has probable cause
1-23     to believe have committed an assault resulting in bodily injury to
1-24     a member of the person's family or household; or
 2-1                 (5)  persons who the peace officer has probable cause
 2-2     to believe have committed an offense under Section 49.04, 49.05,
 2-3     49.06, 49.07, or 49.08, Penal Code.
 2-4           SECTION 2.  The change in law made by this Act applies only
 2-5     to an arrest that occurs on or after the effective date of this
 2-6     Act.  An arrest that occurs before the effective date of this Act
 2-7     is covered by the law in effect when the arrest occurred, and the
 2-8     former law is continued in effect for this 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.