SRC-TJG S.B. 46 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 46
78R1001 JRJ-DBy: Zaffirini
Criminal Justice
2/20/2003
As Filed


DIGEST AND PURPOSE 

Currently, when a person dies in an accident and the death 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.  As proposed, S.B. 46 would
require 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.