86R23006 GCB-F
By: King of Uvalde, Burns H.B. No. 2260
Substitute the following for H.B. No. 2260:
By: Murr C.S.H.B. No. 2260
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a magistrate or justice of the peace to
issue a search warrant to collect a blood specimen from a person
arrested for certain intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01, Code of Criminal Procedure, is
amended by amending Subsection (j) and adding Subsection (k) to
read as follows:
(j) Any magistrate who is an attorney licensed by this state
may issue a search warrant under Article 18.02(a)(10) [18.02(10)]
to collect a blood specimen from a person who:
(1) is arrested for an offense under Section 49.04,
49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
(2) refuses to submit to a breath or blood alcohol
test.
(k) Notwithstanding Subsections (i) and (j), a justice of
the peace may issue a search warrant under Article 18.02(a)(10) to
collect a blood specimen from a person who is arrested for an
offense listed in Subsection (j)(1) if:
(1) another magistrate described by Subsection (i) or
(j) is unavailable and unreachable; or
(2) exigent circumstances exist.
SECTION 2. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 3. This Act takes effect September 1, 2019.