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78R6427 EMT-F


By:  McClendon                                                    H.B. No. 90 

Substitute the following for H.B. No. 90:                                     

By:  Keel                                                     C.S.H.B. No. 90 



A BILL TO BE ENTITLED

AN ACT

relating to the release on bail of a person arrested for an 
intoxication or alcoholic beverage offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 17.29, Code of Criminal Procedure, is 
amended by amending Subsection (a) and adding Subsection (e) to 
read as follows:
	(a)  When the accused has given the required bond, either to 
the magistrate or the officer having him in custody, he shall at 
once be set at liberty, except as provided by this article.
	(e)  Before releasing on bail a person arrested for an 
offense under Chapter 49, Penal Code, the law enforcement agency 
holding the person shall make a determination that the person is no 
longer intoxicated as defined by Section 49.01, Penal Code.
	SECTION 2.  This Act takes effect September 1, 2003.