LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 20, 2009 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 No significant fiscal implication to the State is anticipated. 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 recognizedmedical procedures. Local Government Impact 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 alocal government entity, provisions of the bill could prevent the entity from experiencing costs arisingfrom a lawsuit. Source Agencies:405 Department of Public Safety LBB Staff: JOB, DB, ESi, GG LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 20, 2009 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 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 Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board 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 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 No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. 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 recognizedmedical procedures. 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 recognizedmedical procedures. Local Government Impact 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 alocal government entity, provisions of the bill could prevent the entity from experiencing costs arisingfrom a lawsuit. 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 alocal government entity, provisions of the bill could prevent the entity from experiencing costs arisingfrom a lawsuit. Source Agencies: 405 Department of Public Safety 405 Department of Public Safety LBB Staff: JOB, DB, ESi, GG JOB, DB, ESi, GG