By:  Reyna, Ritter, Keel (Senate Sponsor-Zaffirini)               H.B. No. 292
	(In the Senate - Received from the House April 25, 2003; 
April 28, 2003, read first time and referred to Committee on 
Criminal Justice; May 13, 2003, reported favorably by the 
following vote:  Yeas 4, Nays 0; May 13, 2003, sent to printer.)

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.
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