87R19380 LHC-D
 
  By: White, Meza H.B. No. 558
 
  Substitute the following for H.B. No. 558:
 
  By:  Patterson C.S.H.B. No. 558
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the taking of a blood specimen on arrest for certain
  intoxication offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 724.012, Transportation Code, is amended
  by adding Subsections (a-1) and (e) and amending Subsections (b)
  and (c) to read as follows:
         (a-1)  A peace officer shall require the taking of a specimen
  of the person's 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 refuses the officer's request to submit
  to the taking of a specimen voluntarily; 
               (3)  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; and
               (4)  at the time of the arrest, the officer reasonably
  believes that as a direct result of the accident any individual has
  died, will die, or has suffered serious bodily injury.
         (b)  Subject to Subsection (a-1), a [A] peace officer shall
  require the taking of a specimen of the person's breath or blood
  under any of the following circumstances if the officer arrests the
  person for an offense under Chapter 49, Penal Code, involving the
  operation of a motor vehicle or a watercraft and the person refuses
  the officer's request to submit to the taking of a specimen
  voluntarily:
               (1)  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 and, at the time of the
  arrest, the officer reasonably believes that as a direct result of
  the accident[:
                     [(A)  any individual has died or will die;
                     [(B)  an individual other than the person has
  suffered serious bodily injury; or
                     [(C)]  an individual other than the person has
  suffered bodily injury and been transported to a hospital or other
  medical facility for medical treatment;
               (2)  the offense for which the officer arrests the
  person is an offense under Section 49.045, Penal Code; or
               (3)  at the time of the arrest, the officer possesses or
  receives reliable information from a credible source that the
  person:
                     (A)  has been previously convicted of or placed on
  community supervision for an offense under Section 49.045, 49.07,
  or 49.08, Penal Code, or an offense under the laws of another state
  containing elements substantially similar to the elements of an
  offense under those sections; or
                     (B)  on two or more occasions, has been previously
  convicted of or placed on community supervision for an offense
  under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
  offense under the laws of another state containing elements
  substantially similar to the elements of an offense under those
  sections.
         (c)  Except as provided by Subsection (a-1), the [The] peace
  officer shall designate the type of specimen to be taken.
         (e)  A peace officer may not require the taking of a specimen
  under this section unless the officer:
               (1)  obtains a warrant directing that the specimen be
  taken; or
               (2)  has probable cause to believe that exigent
  circumstances exist.
         SECTION 2.  Section 724.013, Transportation Code, is amended
  to read as follows:
         Sec. 724.013.  PROHIBITION ON TAKING SPECIMEN IF PERSON
  REFUSES; EXCEPTION. Except as provided by Section 724.012(a-1) or
  (b) [Section 724.012(b)], a specimen may not be taken if a person
  refuses to submit to the taking of a specimen designated by a peace
  officer.
         SECTION 3.  The change in law made by this Act applies only
  to an arrest that occurs on or after the effective date of this Act.
  An arrest that occurs before the effective date of this Act is
  governed by the law in effect on the date the arrest occurred, and
  the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2021.