| TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB261 by Deuell (Relating to the taking of a specimen of the breath or blood of certain persons arrested for an intoxication offense. ), Committee Report 2nd House, Substituted |
The bill would amend the Transportation Code to add to the circumstances under which a peace officer would be authorized to take a specimen of a person's breath or blood.
The bill would also amend the Transportation Code to relieve a facility from liability for the taking of a blood specimen pursuant to a search warrant if the specimen was taken according to recognized
medical procedures.
No significant fiscal implication to units of local government is anticipated as a result of additions pertaining to the circumstances under which a specimen of a person's breath or blood may be taken.
If a facility where a blood specimen is taken pursuant to a search warrant is owned or operated by a
local government entity, provisions of the bill could prevent the entity from experiencing costs arising
from a lawsuit.
| Source Agencies: | 405 Department of Public Safety
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| LBB Staff: | JOB, DB, ESi, GG
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