77R11052 YDB-D                           
         By Dunnam                                             H.B. No. 2387
         Substitute the following for H.B. No. 2387:
         By Dunnam                                         C.S.H.B. No. 2387
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to procedures involved in certain intoxication offenses.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 524.035(a), Transportation Code, is
 1-5     amended to read as follows:
 1-6           (a)  The issues that must be proved at a hearing by a
 1-7     preponderance of the evidence are:
 1-8                 (1)  whether:
 1-9                       (A)  the person had an alcohol concentration of a
1-10     level specified by Section 49.01(2)(B), Penal Code, while operating
1-11     a motor vehicle in a public place; or
1-12                       (B)  the person is a minor and had any detectable
1-13     amount of alcohol in the minor's system while operating a motor
1-14     vehicle in a public place; [and]
1-15                 (2)  whether reasonable suspicion to stop or probable
1-16     cause to arrest the person existed; and
1-17                 (3)  whether the person's alcohol concentration under
1-18     Subdivision (1)(A) was reliably established.
1-19           SECTION 2.  Section 724.018, Transportation Code, is amended
1-20     to read as follows:
1-21           Sec. 724.018.  FURNISHING INFORMATION CONCERNING TEST
1-22     RESULTS.  (a)  On the request of a person who has given a specimen
1-23     at the request of a peace officer, full information concerning the
1-24     analysis of the specimen, including any software used and other
 2-1     technical data in the possession of the state, shall be made
 2-2     available to the person or the person's attorney.
 2-3           (b)  A copy of any audio or video recording made at the scene
 2-4     of the arrest shall be submitted to the attorneys for the
 2-5     department and the prosecuting agency not later than the fifth day
 2-6     after the date of the person's arrest.
 2-7           SECTION 3.  Article 55.06, Code of Criminal Procedure, is
 2-8     amended to read as follows:
 2-9           Art. 55.06.  LICENSE SUSPENSIONS AND REVOCATIONS.  Records
2-10     relating to the suspension or revocation of a driver's license,
2-11     permit, or privilege to operate a motor vehicle may not be expunged
2-12     under this chapter except as provided in Section 524.015,
2-13     Transportation Code[, or Section 724.048 of that code].
2-14           SECTION 4.  Section 724.048, Transportation Code, is
2-15     repealed.
2-16           SECTION 5.  (a)  The change in law made by this Act applies
2-17     only to an offense committed on or after the effective date of this
2-18     Act.  For the purposes of this section, an offense is committed
2-19     before the effective date of this Act if any element of the offense
2-20     occurs before that date.
2-21           (b)  An offense committed before the effective date of this
2-22     Act is governed by the law in effect when the offense was
2-23     committed, and the former law is continued in effect for that
2-24     purpose.
2-25           SECTION 6.  This Act takes effect September 1, 2001.