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2-15 repealed.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.