SRC-JBJ, TBR S.B. 56 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 56
77R1477 PEP-DBy: Zaffirini
Jurisprudence
4/11/2001
As Filed


DIGEST AND PURPOSE 

An appellate court ruled in 1998 that the use of a breath test administered
one hour after a suspect was arrested did not provide sufficient evidence
to indicate the suspect's blood alcohol concentration at the time of the
arrest, but then overturned that ruling in May of 1999.  As proposed, S.B.
56 establishes a presumption that at the time of operating a motor vehicle
in a public place, a person operating the vehicle had an alcohol
concentration level equal to or higher than the level shown by an analysis
of breath or blood taken from the person at or not later than two hours
after the time of the person's arrest. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 524D, Transportation Code, by adding Section
524.0375, as follows: 

Section 524.0375.  PRESUMPTION REGARDING ANALYSIS.  Provides that for
purposes of this chapter, it is presumed that at the time of operating a
motor vehicle in a public place, the person operating the vehicle had an
alcohol concentration level equal to or higher than the level shown by an
analysis of breath or blood taken from the person at or not later than two
hours after the time of the person's arrest. 

SECTION 2.Effective date: July 1, 2001, or September 1, 2001.  
  Makes application of this Act prospective.