84R13136 JSC-F
By: Geren H.B. No. 3312
A BILL TO BE ENTITLED
AN ACT
relating to the taking of an additional specimen of a person's blood
on arrest for certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 724.019, Transportation Code, is amended
by adding Subsections (b-1), (b-2), and (d-1) and amending
Subsection (d) to read as follows:
(b-1) A person who requests an additional specimen of the
person's blood to be taken is responsible for the costs of the
taking and analysis of the specimen.
(b-2) A specimen taken under Subsection (a) is not required
to be analyzed in a laboratory accredited by the department to be
admissible as evidence in the trial of the offense for which the
specimen was taken.
(d) Except as provided by Subsection (d-1), the [The]
failure or inability to obtain an additional specimen or analysis
under this section does not preclude the admission of evidence
relating to the analysis of the specimen taken at the request or
order of the peace officer.
(d-1) If a peace officer or another person acting for or on
behalf of the state interferes with a person's request for an
independent test under this section, any evidence relating to the
analysis of a specimen taken at the request or order of the peace
officer is not admissible as evidence in the trial of the offense
for which the specimen was taken.
SECTION 2. The change in law made by this Act applies to an
arrest that occurs on or after the effective date of this Act. An
arrest that occurs before the effective date of this Act is governed
by the law in effect on the date of the arrest, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.