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