SRC-LBB C.S.H.B. 292 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 292
78R1001 JRJ-DBy: Reyna (Zaffirini)
Criminal Justice
5-11-2003
Engrossed

DIGEST AND PURPOSE 

Currently, when a person dies in an accident and the accident is believed
to be related to alcohol, a specimen of the person's blood or breath is
required.  However, no blood alcohol content (BAC) analysis is required if
a person is seriously injured in the accident.  H.B. 292 requires a BAC
analysis of a person if any individual has died or will die, or if an
individual other than the person has suffered serious bodily injury as a
result of a motor vehicle or watercraft accident. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 724.012, Transportation Code, by amending
Subsection (b) and adding Subsection (d), as follows: 

(b) Requires a peace officer making an arrest for certain alcohol-related
offenses to take a specimen of the person's breath or blood if at the time
of the arrest the officer reasonably believes that certain events occurred
as a direct result of the accident. 

(d) Defines "serious bodily injury."

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2003.