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.