By Dutton H.B. No. 758 76R1677 JD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the right of a person arrested for the offense of 1-3 public intoxication to request an analysis of the person's blood or 1-4 breath to determine intoxication. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 49.02, Penal Code, is amended by adding 1-7 Subsections (f), (g), (h), and (i) to read as follows: 1-8 (f) A person arrested for an offense under this section, on 1-9 request to the arresting officer within a reasonable time not to 1-10 exceed two hours after the arrest, is entitled to: 1-11 (1) have a physician, qualified technician, chemist, 1-12 or registered professional nurse of the person's own choice draw a 1-13 specimen and have an analysis made of the person's blood; or 1-14 (2) on payment of the required fee, provide a breath 1-15 specimen and have an analysis made of the person's breath. 1-16 (g) A breath specimen taken at the request of the person 1-17 arrested must be taken and analyzed under rules of the Department 1-18 of Public Safety of the State of Texas by an individual possessing 1-19 a certificate issued by that department certifying that the 1-20 individual is qualified to perform the analysis. 1-21 (h) An analysis made under Subsection (f) is admissible on 1-22 the trial of the offense to prove the extent if any to which the 1-23 person was under the influence of alcohol or other substance at the 1-24 time of the arrest. The refusal or inability of the arresting 2-1 officer to comply with a person's request under Subsection (f) is 2-2 admissible on the trial of the offense. 2-3 (i) The Department of Public Safety of the State of Texas by 2-4 rule shall prescribe the amount of the required fee for an analysis 2-5 of a person's breath requested under Subsection (f)(2). The fee 2-6 may not exceed an amount that is equal to the average cost to the 2-7 department in the preceding fiscal year of analyzing a breath 2-8 specimen taken by the department under Chapter 724, Transportation 2-9 Code. 2-10 SECTION 2. 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, 2-15 and that this Act take effect and be in force from and after its 2-16 passage, and it is so enacted.