86R861 GCB-D
By: Burns H.B. No. 386
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a justice of the peace to issue a
search warrant to collect a blood specimen from a person arrested
for certain intoxication criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01(j), Code of Criminal Procedure, is
amended to read as follows:
(j) A [Any] magistrate who is an attorney licensed by this
state or a justice of the peace 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.
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.