By Smith H.B. No. 2228
77R5610 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the required taking of a specimen of a person's breath
1-3 or blood 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(b), Transportation Code, is
1-6 amended to read as follows:
1-7 (b) A peace officer shall require the taking of a specimen
1-8 of the person's breath or blood if:
1-9 (1) the officer arrests the person for an offense
1-10 under Chapter 49, Penal Code, involving the operation of a motor
1-11 vehicle or a watercraft;
1-12 (2) the person was the operator of a motor vehicle or
1-13 a watercraft involved in an accident that the officer reasonably
1-14 believes occurred as a result of the offense;
1-15 (3) at the time of the arrest, the officer:
1-16 (A) reasonably believes that a person has died
1-17 or suffered serious bodily injury [will die] as a direct result of
1-18 the accident; or
1-19 (B) possesses or receives reliable information
1-20 from a credible source to the effect that the person has previously
1-21 been convicted two times of an offense relating to the operating of
1-22 a motor vehicle or a watercraft while intoxicated; and
1-23 (4) the person refuses the officer's request to submit
1-24 to the taking of a specimen voluntarily.
2-1 SECTION 2. The change in law made by this Act applies only to
2-2 the taking of a specimen of a person's breath or blood under
2-3 Section 724.012, Transportation Code, as amended by this Act, on or
2-4 after the effective date of this Act. The taking of a specimen
2-5 before the effective date of this Act is covered by the law in
2-6 effect when the specimen was taken, and the former law is continued
2-7 in effect for that purpose.
2-8 SECTION 3. This Act takes effect September 1, 2001.