82R9962 JSC-D
By: Lucio III H.B. No. 2685
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of state laws prohibiting the operation
of a motor vehicle while intoxicated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 370, Local Government Code, is amended
by adding Section 370.0031 to read as follows:
Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING
ENFORCEMENT OF STATE LAWS PROHIBITING OPERATING MOTOR VEHICLE WHILE
INTOXICATED. (a) This section applies to:
(1) the governing body of a municipality or county;
(2) an officer, employee, or other body that is part of
a municipality or county, including a sheriff, municipal police
department, or county attorney; or
(3) a district attorney or criminal district attorney.
(b) An entity described by Subsection (a) may not adopt a
policy under which the entity prohibits or impedes the enforcement
of the laws of this state relating to the operation of a motor
vehicle while intoxicated.
(c) In compliance with Subsection (b), an entity described
by Subsection (a) may not prohibit or impede a person employed by or
otherwise under the direction or control of the entity from doing
any of the following:
(1) arresting or detaining a person for an alleged
offense involving the operation of a motor vehicle while
intoxicated;
(2) requesting or taking a breath or blood specimen
under Chapter 724, Transportation Code, to detect intoxication;
(3) investigating an alleged offense involving the
operation of a motor vehicle while intoxicated; or
(4) prosecuting a person for an alleged offense
involving the operation of a motor vehicle while intoxicated.
(d) An entity described by Subsection (a) may not receive
state grant funds if the entity adopts a rule, order, ordinance, or
policy under which the entity prohibits or impedes the enforcement
of the laws of this state relating to the operation of a motor
vehicle while intoxicated or, by consistent actions, prohibits or
impedes the enforcement of the laws of this state relating to the
operation of a motor vehicle while intoxicated. State grant funds
for the entity shall be denied for the fiscal year following the
year in which the rule, order, ordinance, or policy is adopted or
the determination is made that the entity has intentionally
prohibited or impeded the enforcement of the laws of this state
relating to the operation of a motor vehicle while intoxicated. The
governor's office may issue guidelines to implement this subsection
uniformly among the state agencies from which state grant funds are
distributed to an entity.
(e) The attorney general may file a petition for a writ of
mandamus or apply for other appropriate equitable relief in a
district court of a county in which the principal office of an
entity described by Subsection (a) is located to compel the entity
that adopts a rule, order, ordinance, or policy under which the
local entity prohibits or impedes the enforcement of the laws of
this state relating to the operation of a motor vehicle while
intoxicated or that, by consistent actions, prohibits or impedes
the enforcement of the laws of this state relating to the operation
of a motor vehicle while intoxicated to comply with Subsection (b).
The attorney general may recover reasonable expenses incurred in
obtaining relief under this subsection, including court costs,
reasonable attorney's fees, investigative costs, witness fees, and
deposition costs.
SECTION 2. The heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE
TYPE OF LOCAL GOVERNMENT
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.