1-1 By: Zaffirini S.B. No. 1409 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 April 12, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 7, Nays 0; April 12, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: West 1-7 Amend S.B. No. 1409 in SECTION 1 of the bill, on page 1, line 1-8 22, after the word "level" and before the word "shown", by 1-9 inserting the words "in Section 49.01, Penal Code". 1-10 A BILL TO BE ENTITLED 1-11 AN ACT 1-12 relating to creating a presumption regarding a person's alcohol 1-13 concentration level for purposes of the administrative suspension 1-14 of the person's driver's license. 1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-16 SECTION 1. Subchapter D, Chapter 524, Transportation Code, 1-17 is amended by adding Section 524.0375 to read as follows: 1-18 Sec. 524.0375. PRESUMPTION REGARDING ANALYSIS. For purposes 1-19 of this chapter, it is presumed that at the time of operating a 1-20 motor vehicle in a public place, the person operating the vehicle 1-21 had an alcohol concentration level equal to or higher than the 1-22 level shown by an analysis of breath, blood, or other bodily 1-23 substance taken from the person at or not later than two hours 1-24 after the time of the person's arrest. 1-25 SECTION 2. The change in law made by this Act applies only 1-26 to a driver's license suspension hearing that begins under Chapter 1-27 524, Transportation Code, on or after the effective date of this 1-28 Act. A driver's license suspension hearing that began under 1-29 Chapter 524, Transportation Code, before the effective date of this 1-30 Act is covered by the law in effect when the hearing began, and the 1-31 former law continues in effect for that purpose. 1-32 SECTION 3. The importance of this legislation and the 1-33 crowded condition of the calendars in both houses create an 1-34 emergency and an imperative public necessity that the 1-35 constitutional rule requiring bills to be read on three several 1-36 days in each house be suspended, and this rule is hereby suspended, 1-37 and that this Act take effect and be in force from and after its 1-38 passage, and it is so enacted. 1-39 * * * * *