By:  Zaffirini                                                            S.B. No. 47



A BILL TO BE ENTITLED

AN ACT

relating to creating a presumption regarding a person's alcohol 
concentration level for purposes of the administrative suspension 
of the person's driver's license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter D, Chapter 524, Transportation Code, 
is amended by adding Section 524.0375 to read as follows:
	Sec. 524.0375.  PRESUMPTION REGARDING ANALYSIS. For 
purposes of this chapter, it is presumed that at the time of 
operating a motor vehicle in a public place, the person operating 
the vehicle had an alcohol concentration level equal to or higher 
than the level shown by an analysis of breath or blood taken from 
the person at or not later than three hours after the time of the 
person's arrest.
	SECTION 2.   (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  The change in law made by this Act applies only to a 
driver's license suspension hearing that begins under Chapter 524, 
Transportation Code, on or after the effective date of this Act.  A 
driver's license suspension hearing that began under Chapter 524, 
Transportation Code, before the effective date of this Act is 
covered by the law in effect on the date the hearing began, and the 
former law continues in effect for that purpose.