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