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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of state laws prohibiting the operation |
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of a motor vehicle while intoxicated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 370, Local Government Code, is amended |
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by adding Section 370.0031 to read as follows: |
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Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING |
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ENFORCEMENT OF STATE LAWS PROHIBITING OPERATING MOTOR VEHICLE WHILE |
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INTOXICATED. (a) This section applies to: |
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(1) the governing body of a municipality or county; |
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(2) an officer, employee, or other body that is part of |
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a municipality or county, including a sheriff, municipal police |
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department, or county attorney; or |
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(3) a district attorney or criminal district attorney. |
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(b) An entity described by Subsection (a) may not adopt a |
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policy under which the entity prohibits or impedes the enforcement |
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of the laws of this state relating to the operation of a motor |
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vehicle while intoxicated. |
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(c) In compliance with Subsection (b), an entity described |
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by Subsection (a) may not prohibit or impede a person employed by or |
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otherwise under the direction or control of the entity from doing |
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any of the following: |
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(1) arresting or detaining a person for an alleged |
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offense involving the operation of a motor vehicle while |
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intoxicated; |
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(2) requesting or taking a breath or blood specimen |
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under Chapter 724, Transportation Code, to detect intoxication; |
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(3) investigating an alleged offense involving the |
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operation of a motor vehicle while intoxicated; or |
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(4) prosecuting a person for an alleged offense |
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involving the operation of a motor vehicle while intoxicated. |
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(d) An entity described by Subsection (a) may not receive |
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state grant funds if the entity adopts a rule, order, ordinance, or |
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policy under which the entity prohibits or impedes the enforcement |
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of the laws of this state relating to the operation of a motor |
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vehicle while intoxicated or, by consistent actions, prohibits or |
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impedes the enforcement of the laws of this state relating to the |
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operation of a motor vehicle while intoxicated. State grant funds |
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for the entity shall be denied for the fiscal year following the |
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year in which the rule, order, ordinance, or policy is adopted or |
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the determination is made that the entity has intentionally |
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prohibited or impeded the enforcement of the laws of this state |
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relating to the operation of a motor vehicle while intoxicated. The |
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governor's office may issue guidelines to implement this subsection |
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uniformly among the state agencies from which state grant funds are |
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distributed to an entity. |
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(e) The attorney general may file a petition for a writ of |
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mandamus or apply for other appropriate equitable relief in a |
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district court of a county in which the principal office of an |
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entity described by Subsection (a) is located to compel the entity |
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that adopts a rule, order, ordinance, or policy under which the |
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local entity prohibits or impedes the enforcement of the laws of |
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this state relating to the operation of a motor vehicle while |
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intoxicated or that, by consistent actions, prohibits or impedes |
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the enforcement of the laws of this state relating to the operation |
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of a motor vehicle while intoxicated to comply with Subsection (b). |
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The attorney general may recover reasonable expenses incurred in |
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obtaining relief under this subsection, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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deposition costs. |
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SECTION 2. The heading to Chapter 370, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
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AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE |
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TYPE OF LOCAL GOVERNMENT |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |