H.B. 292 78(R)    BILL ANALYSIS


H.B. 292
By: Reyna
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

More Texans are killed in alcohol-related crashes than in any other state.
Texas has the nation's worst problem with drunk driving in terms of total
deaths and injuries, with 50% of traffic fatalities involving alcohol.
With respect to fatal traffic accidents, Department of Public Safety
officers are required under current law to take blood and breath specimens
to determine if alcohol contributed to the accident. However, officers do
not take blood and breath specimens when someone is seriously injured in a
traffic accident.  House Bill 292 requires officers to take blood and
breath specimens at the scene of a traffic accident where someone has been
seriously injured. This requirement will raise the average of blood
alcohol content (BAC) testing so that Texas can draw down federal funds. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency.  

ANALYSIS

House Bill 292 amends Section 724.012 of the Transportation Code by
expanding the instances where a blood alcohol content analysis is
required.  In addition to fatal traffic accidents, House Bill 292 requires
a blood alcohol specimen be taken if an individual other than the person
who caused the accident has suffered serious bodily injury.  The bill
defines "serious bodily injury" as the meaning that has been assigned by
Section 1.07 of the Penal Code, which means bodily injury that creates a
substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any
bodily member or organ.  

EFFECTIVE DATE

This Act takes effect September 1, 2003.