HBA-EDN S.B. 58 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 58 By: Zaffirini Criminal Jurisprudence 5/3/2001 Engrossed BACKGROUND AND PURPOSE Currently, there are some concerns regarding the clarity of the warning statements that peace officers are required to give a person suspected of driving while intoxicated. Senate Bill 58 allows an arresting officer to explain certain information regarding the consequences of a person's submittal to, or refusal to submit to, a specimen test and provides that evidence of a person's refusal to submit to the taking of a specimen or the analysis of the specimen is admissible in certain hearings or in a subsequent prosecution under certain conditions. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 58 amends the Transportation Code to authorize an arresting officer, after the officer has informed the person of certain information as required before requesting the person to submit to the taking of a specimen, to explain such information in a manner that is not coercive or misleading or to provide additional information about the consequences of the person's submitting or refusing to submit to the taking of a specimen. The bill provides that evidence of a person's refusal to submit to the taking of a specimen or of the analysis of the specimen is admissible in a hearing or in a subsequent prosecution if the arresting officer substantially complies with these provisions. EFFECTIVE DATE September 1, 2001.