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                                  * * * * *