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.