By: Zaffirini S.B. No. 1409
A BILL TO BE ENTITLED
AN ACT
1-1 relating to creating a presumption regarding a person's alcohol
1-2 concentration level for purposes of the administrative suspension
1-3 of the person's driver's license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 524, Transportation Code,
1-6 is amended by adding Section 524.0375 to read as follows:
1-7 Sec. 524.0375. PRESUMPTION REGARDING ANALYSIS. For purposes
1-8 of this chapter, it is presumed that at the time of operating a
1-9 motor vehicle in a public place, the person operating the vehicle
1-10 had an alcohol concentration level equal to or higher than the
1-11 level in Section 49.01, Penal Code, shown by an analysis of breath,
1-12 blood, or other bodily substance taken from the person at or not
1-13 later than two hours after the time of the person's arrest.
1-14 SECTION 2. The change in law made by this Act applies only
1-15 to a driver's license suspension hearing that begins under Chapter
1-16 524, Transportation Code, on or after the effective date of this
1-17 Act. A driver's license suspension hearing that began under
1-18 Chapter 524, Transportation Code, before the effective date of this
1-19 Act is covered by the law in effect when the hearing began, and the
1-20 former law continues in effect for that purpose.
1-21 SECTION 3. The importance of this legislation and the
1-22 crowded condition of the calendars in both houses create an
1-23 emergency and an imperative public necessity that the
1-24 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended,
2-2 and that this Act take effect and be in force from and after its
2-3 passage, and it is so enacted.
2-4 COMMITTEE AMENDMENT NO. 1
2-5 Amend S.B. 1409 (engrossed version), SECTION 1, as follows:
2-6 (1) Page 1, line 11, strike "in Section 49.01, Penal Code."
2-7 (2) Page 1, line 13, insert the following after "arrest" and
2-8 before the period: "if that analysis shows an alcohol concentration
2-9 level equal to or higher than the level in Section 49.01, Penal
2-10 Code."
2-11 Smith