By Morrison                                            H.B. No. 705
         77R892 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of certain minors being charged with the
 1-3     offense of driving under the influence of alcohol to request an
 1-4     analysis of the minor's blood or breath.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 106.041, Alcoholic Beverage Code, is
 1-7     amended by adding Subsections (k), (l), (m), (n), (o), and (p) to
 1-8     read as follows:
 1-9           (k)  A minor who is being charged with an offense under this
1-10     section, but who was not requested by the arresting officer to
1-11     submit to the taking of a specimen of the minor's breath or blood
1-12     under Chapter 724, Transportation Code, on request to the arresting
1-13     officer within a reasonable time not to exceed two hours after the
1-14     arrest, is entitled to:
1-15                 (1)  have a physician, qualified technician, chemist,
1-16     or registered professional nurse of the minor's own choice draw a
1-17     specimen and have an analysis made of the minor's blood; or
1-18                 (2)  on payment of the required fee, provide a breath
1-19     specimen and have an analysis made of the minor's breath in an
1-20     adult processing office of a law enforcement agency, including the
1-21     agency that employs the arresting officer.
1-22           (l)  The minor's request to the arresting officer must be
1-23     videotaped.  The videotape must be maintained until disposition of
1-24     the case relating to the arrest of the minor is final and be made
 2-1     available to the minor or an attorney for the minor during that
 2-2     period.
 2-3           (m)  A breath specimen taken at the request of the minor must
 2-4     be taken and analyzed under rules of the Department of Public
 2-5     Safety of the State of Texas by a person who holds a certificate
 2-6     issued by that department certifying that the person is qualified
 2-7     to perform the analysis.
 2-8           (n)  An analysis made under Subsection (k) is admissible on
 2-9     the trial of the offense to prove the extent, if any, to which the
2-10     minor had a detectable amount of alcohol in the minor's system at
2-11     the time of the arrest. The refusal or inability of the arresting
2-12     officer to comply with a minor's request under Subsection (k) is
2-13     admissible on the trial of the offense.
2-14           (o)  The Department of Public Safety of the State of Texas by
2-15     rule shall prescribe the amount of the required fee for an analysis
2-16     of a minor's breath requested under Subsection (k)(2).  The fee may
2-17     not exceed an amount that is equal to the average cost to the
2-18     department in the preceding fiscal year of analyzing a breath
2-19     specimen taken by the department under Chapter 724, Transportation
2-20     Code.
2-21           (p)  To the extent of a conflict between Subsections (k)-(o)
2-22     and Chapter 51 or 52, Family Code, Subsections (k)-(o) prevail.
2-23           SECTION 2.  This Act takes effect immediately if it receives
2-24     a vote of two-thirds of all the members elected to each house, as
2-25     provided by Section 39, Article III, Texas Constitution.  If this
2-26     Act does not receive the vote necessary for immediate effect, this
2-27     Act takes effect September 1, 2001.