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78R1001 JRJ-D
By: Reyna H.B. No. 292
A BILL TO BE ENTITLED
AN ACT
relating to the taking of a specimen of a person's breath or blood
in connection with certain alcohol-related offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 724.012, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) A peace officer shall require the taking of a specimen
of the person's breath or blood if:
(1) the officer arrests the person for an offense
under Chapter 49, Penal Code, involving the operation of a motor
vehicle or a watercraft;
(2) the person was the operator of a motor vehicle or a
watercraft involved in an accident that the officer reasonably
believes occurred as a result of the offense;
(3) at the time of the arrest the officer reasonably
believes that [a person has died or will die] as a direct result of
the accident:
(A) any individual has died or will die; or
(B) an individual other than the person has
suffered serious bodily injury; and
(4) the person refuses the officer's request to submit
to the taking of a specimen voluntarily.
(d) In this section, "serious bodily injury" has the meaning
assigned by Section 1.07, Penal Code.
SECTION 2. The change in law made by this Act applies only
to the taking of a specimen of a person's breath or blood under
Section 724.012, Transportation Code, as amended by this Act, on or
after the effective date of this Act. The taking of a specimen
before the effective date of this Act is covered by the law in
effect when the specimen was taken, and the former law is continued
in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.