1-1 By: Zaffirini S.B. No. 56 1-2 (In the Senate - Filed November 13, 2000; January 10, 2001, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 April 19, 2001, reported favorably, as amended, by the following 1-5 vote: Yeas 5, Nays 0; April 19, 2001, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Ellis 1-7 Amend S.B. No. 56, in SECTION 1 of the bill, on page 1, line 22, 1-8 after the word "level" and before the word "shown", by inserting 1-9 the words "in Section 49.01, Penal Code". 1-10 A BILL TO BE ENTITLED 1-11 AN ACT 1-12 relating to creating a presumption regarding a person's alcohol 1-13 concentration level for purposes of the administrative suspension 1-14 of the person's driver's license. 1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-16 SECTION 1. Subchapter D, Chapter 524, Transportation Code, 1-17 is amended by adding Section 524.0375 to read as follows: 1-18 Sec. 524.0375. PRESUMPTION REGARDING ANALYSIS. For purposes 1-19 of this chapter, it is presumed that at the time of operating a 1-20 motor vehicle in a public place, the person operating the vehicle 1-21 had an alcohol concentration level equal to or higher than the 1-22 level shown by an analysis of breath or blood taken from the person 1-23 at or not later than two hours after the time of the person's 1-24 arrest. 1-25 SECTION 2. (a) This Act takes effect July 1, 2001, if it 1-26 receives a vote of two-thirds of all the members elected to each 1-27 house, as provided by Section 39, Article III, Texas Constitution. 1-28 If this Act does not receive a vote of two-thirds of all the 1-29 members elected to each house, this Act takes effect September 1, 1-30 2001. 1-31 (b) The change in law made by this Act applies only to a 1-32 driver's license suspension hearing that begins under Chapter 524, 1-33 Transportation Code, on or after the effective date of this Act. A 1-34 driver's license suspension hearing that began under Chapter 524, 1-35 Transportation Code, before the effective date of this Act is 1-36 covered by the law in effect when the hearing began, and the former 1-37 law continues in effect for that purpose. 1-38 * * * * *