83R3844 GCB-D
By: King of Parker H.B. No. 1658
A BILL TO BE ENTITLED
AN ACT
relating to requiring the arrest and collection of a breath or blood
specimen of persons operating a motor vehicle or watercraft while
intoxicated under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 724.012(b), Transportation Code, is
amended to read as follows:
(b) A peace officer shall arrest a person and require the
taking of a specimen of the person's breath or blood under any of
the following circumstances if the officer has probable cause to
arrest [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.
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 on the date 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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2013.