HBA-RAR H.B. 119 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 119 By: Keel Criminal Jurisprudence 2/8/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law requires a peace officer to take a specimen of a motor vehicle or a watercraft operator's breath or blood if the officer reasonably believes that a person has died or will die as a result of the accident. If the specimen is not taken at the time of arrest and an individual later dies, there is no way to recapture the evidence since a subsequent specimen would no longer show the alcohol level at the time of the accident. H.B. 119 requires a peace officer to take the operator's breath or blood specimen if the officer believes that an individual has suffered serious bodily injury as a result of the accident. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 724.012, Transportation Code, to include the officer's reasonable belief that an individual has suffered serious bodily injury as a result of a motor vehicle or watercraft accident among the list of conditions under which a peace officer is required to take a specimen of the operator's breath or blood. Defines "serious bodily injury." Makes a nonsubstantive change. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.