By Keel H.B. No. 345
77R2332 YDB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the taking of a specimen of a person's breath or blood
1-3 in connection with certain alcohol-related offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 724.012, Transportation Code, is amended
1-6 by amending Subsection (b) and adding Subsection (d) to read as
1-7 follows:
1-8 (b) A peace officer shall require the taking of a specimen
1-9 of the person's breath or blood if:
1-10 (1) the officer arrests the person for an offense
1-11 under Chapter 49, Penal Code, involving the operation of a motor
1-12 vehicle or a watercraft;
1-13 (2) the person was the operator of a motor vehicle or
1-14 a watercraft involved in an accident that the officer reasonably
1-15 believes occurred as a result of the offense;
1-16 (3) at the time of the arrest the officer reasonably
1-17 believes that [a person has died or will die] as a direct result of
1-18 the accident:
1-19 (A) any individual has died or will die; or
1-20 (B) an individual other than the person has
1-21 suffered serious bodily injury; and
1-22 (4) the person refuses the officer's request to submit
1-23 to the taking of a specimen voluntarily.
1-24 (d) In this section, "serious bodily injury" has the meaning
2-1 assigned by Section 1.07, Penal Code.
2-2 SECTION 2. The change in law made by this Act applies only
2-3 to the taking of a specimen of a person's breath or blood under
2-4 Section 724.012, Transportation Code, as amended by this Act, on or
2-5 after the effective date of this Act. The taking of a specimen
2-6 before the effective date of this Act is covered by the law in
2-7 effect when the specimen was taken, and the former law is continued
2-8 in effect for that purpose.
2-9 SECTION 3. This Act takes effect September 1, 2001.