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	Amend HB 76 on third reading as follows:                                     

(1)  In amended Section 724.002, Transportation Code, strike 	"[powered with an engine having a manufacturer's rating of 50 
horsepower or above]" and substitute "powered with an engine 
[having a manufacturer's rating of 50 horsepower or above]".
	(2)  Add the following sections to the bill, appropriately 
numbered, to read as follows, and renumber existing sections 
accordingly:
	SECTION __.  Section 724.032(b), Transportation Code, is 
amended to read as follows:
	(b)  The director must approve the form of the refusal 
report.  The report must:
		(1)  show the grounds for the officer's belief that the 
person had been operating a motor vehicle or watercraft powered 
with an engine [having a manufacturer's rating of 50 horsepower or 
above] while intoxicated; and
		(2)  contain a copy of:                                                       
			(A)  the refusal statement requested under 
Section 724.031; or             
			(B)  a statement signed by the officer that the 
person refused to:         
				(i)  submit to the taking of the requested 
specimen; and                  
				(ii)  sign the requested statement under 
Section 724.031.                 
	SECTION __.  Section 724.042, Transportation Code, is 
amended to read as follows:
	Sec. 724.042.  ISSUES AT HEARING.  The issues at a hearing 
under this subchapter are whether:
		(1)  reasonable suspicion or probable cause existed to 
stop or arrest the person;
		(2)  probable cause existed to believe that the person 
was:                 
			(A)  operating a motor vehicle in a public place 
while intoxicated; or     
			(B)  operating a watercraft powered with an engine 
[having a manufacturer's rating of 50 horsepower or above] while 
intoxicated;
		(3)  the person was placed under arrest by the officer 
and was requested to submit to the taking of a specimen; and
		(4)  the person refused to submit to the taking of a 
specimen on request of the officer.
	(3)  In the section of the bill containing the transitional 
provisions, strike Subsection (d) as added by Floor Amendment No. 1 
by Isett, and substitute the following:
	(d)  Sections 724.002, 724.032, and 724.042, Transportation 
Code, as amended by this Act, apply only to a person arrested for an 
offense involving the operation of a motor vehicle or watercraft on 
or after September 1, 2005.  A person arrested for an offense 
involving the operation of a motor vehicle or watercraft before 
September 1, 2005, is covered by the law in effect on the date of the 
person's arrest, and the former law is continued in effect for that 
purpose.