81R124 PEP-D
By: Aycock H.B. No. 170
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a presumption in certain criminal
proceedings as to evidence of a defendant's alcohol concentration
determined by an analysis of the defendant's breath, blood, or
urine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.24 to read as follows:
Art. 38.24. EVIDENCE OF ALCOHOL CONCENTRATION. (a) In this
article, "offense relating to the operating of a motor vehicle
while intoxicated" and "offense of operating a watercraft while
intoxicated" have the meanings assigned by Section 49.09, Penal
Code.
(b) For purposes of the prosecution of an offense relating
to the operating of a motor vehicle or watercraft while
intoxicated, it is presumed that the person had an alcohol
concentration equal to or higher than 0.08 at the time of the
offense if that level of alcohol concentration is shown by an
analysis of a specimen of the person's breath, blood, or urine taken
from the person not later than 90 minutes after the time of the
person's arrest.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 3. This Act takes effect September 1, 2009.