By Zaffirini S.B. No. 1409
76R9149 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating a presumption regarding a person's alcohol
1-3 concentration level for purposes of the administrative suspension
1-4 of the person's driver's license.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 524, Transportation Code,
1-7 is amended by adding Section 524.0375 to read as follows:
1-8 Sec. 524.0375. PRESUMPTION REGARDING ANALYSIS. For purposes
1-9 of this chapter, it is presumed that at the time of operating a
1-10 motor vehicle in a public place, the person operating the vehicle
1-11 had an alcohol concentration level equal to or higher than the
1-12 level shown by an analysis of breath, blood, or other bodily
1-13 substance taken from the person at or not later than two hours
1-14 after the time of the person's arrest.
1-15 SECTION 2. The change in law made by this Act applies only
1-16 to a driver's license suspension hearing that begins under Chapter
1-17 524, Transportation Code, on or after the effective date of this
1-18 Act. A driver's license suspension hearing that began under
1-19 Chapter 524, Transportation Code, before the effective date of this
1-20 Act is covered by the law in effect when the hearing began, and the
1-21 former law continues in effect for that purpose.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.