By Zaffirini                                            S.B. No. 56
         77R1477 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creating a presumption regarding a person's alcohol
 1-3     concentration level for purposes of the administrative suspension
 1-4     of the person's driver's license.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 524, Transportation Code,
 1-7     is amended by adding Section 524.0375 to read as follows:
 1-8           Sec. 524.0375.  PRESUMPTION REGARDING ANALYSIS.  For purposes
 1-9     of this chapter, it is presumed that at the time of operating a
1-10     motor vehicle in a public place, the person operating the vehicle
1-11     had an alcohol concentration level equal to or higher than the
1-12     level shown by an analysis of breath or blood taken from the person
1-13     at or not later than two hours after the time of the person's
1-14     arrest.
1-15           SECTION 2.   (a)  This Act takes effect July 1, 2001, if it
1-16     receives a vote of two-thirds of all the members elected to each
1-17     house, as provided by Section 39, Article III, Texas Constitution.
1-18     If this Act does not receive a vote of two-thirds of all the
1-19     members elected to each house, this Act takes effect September 1,
1-20     2001.
1-21           (b)  The change in law made by this Act applies only to a
1-22     driver's license suspension hearing that begins under Chapter 524,
1-23     Transportation Code, on or after the effective date of this Act.  A
1-24     driver's license suspension hearing that began under Chapter 524,
 2-1     Transportation Code, before the effective date of this Act is
 2-2     covered by the law in effect when the hearing began, and the former
 2-3     law continues in effect for that purpose.