87R1459 JSC-F
By: González of Dallas H.B. No. 657
A BILL TO BE ENTITLED
AN ACT
relating to the admissibility of certain evidence of intoxication
in the prosecution of a criminal offense involving a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.51 to read as follows:
Art. 38.51. INTOXICATION EVIDENCE IN PROSECUTION OF OFFENSE
INVOLVING MOTOR VEHICLE. (a) In this article:
(1) "Controlled substance" and "drug" have the
meanings assigned by Section 481.002, Health and Safety Code.
(2) "Dangerous drug" has the meaning assigned by
Section 483.001, Health and Safety Code.
(3) "Intoxicated" has the meaning assigned by Section
49.01, Penal Code.
(4) "Motor vehicle" has the meaning assigned by
Section 32.34, Penal Code.
(b) Subject to Rule 403 of the Texas Rules of Evidence and
except as provided by Subsection (c), in the prosecution of any
offense involving a motor vehicle, a party may offer evidence as to
all relevant facts and circumstances that would aid the trier of
fact in determining whether the defendant was intoxicated at the
time of the offense. Evidence offered under this article is
admissible for any purpose other than to show the character of the
defendant.
(c) In the prosecution of any offense involving a motor
vehicle, only an analysis of a lawfully obtained specimen of the
defendant's blood, breath, or urine or other bodily substance is
admissible to show the defendant's alcohol concentration or the
presence of a controlled substance, drug, dangerous drug, or other
substance in the defendant's body at the time of the offense.
SECTION 2. The change in law made by this Act applies to the
admissibility of evidence in a criminal proceeding that commences
on or after the effective date of this Act. The admissibility of
evidence in a criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.