81R2432 JSC-D
By: Gattis H.B. No. 747
A BILL TO BE ENTITLED
AN ACT
relating to the taking of a specimen of the breath or blood of a
person arrested for an intoxication offense under certain
circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 724.012(b) and (d), Transportation
Code, are amended to read as follows:
(b) A peace officer shall require the taking of a specimen
of the person's breath or blood under any of the following
circumstances 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:
(1) [;
[(2)] 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
[; (3)] 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; [or]
(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 arrested 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) has been previously arrested on two or more
occasions 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 [and
[(4) the person refuses the officer's request to
submit to the taking of a specimen voluntarily].
(d) In this section, "bodily injury" and "serious bodily
injury" have [has] the meanings [meaning] assigned by Section 1.07,
Penal Code.
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
governed 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.