HBA-RBT H.B. 758 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 758
By: Dutton
Criminal Jurisprudence
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, it is a defense to a charge of public intoxication if alcohol or
another substance is administered for therapeutic purposes and as a part of
a person's medical treatment by a licensed physician.  H.B. 758 provides
for a timely evaluation of a person's blood alcohol content by an
independent professional of the person's choice. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 1 (Section 49.02, Penal Code) of this bill. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.02, Penal Code, by adding Subsections (f),
(g), (h), and (i), as follows:   

(f) Entitles a person arrested for public intoxication to have a blood
specimen drawn by one of the specified health care professionals of the
person's choice and have an analysis done or, on payment of the required
fee, provide a breath specimen and have an analysis made of the person's
breath. 

(g) Provides that a breath sample taken at the request of the person
arrested must be taken and analyzed under the rules of the Department of
Public Safety (department) by a person certified by the department to
perform the analysis. 

(h) Provides that an analysis made under Subsection (f) is admissible at
the trial of the offense to prove the extent the person was under the
influence of alcohol or other substance at the time of the arrest.
Provides that the refusal or inability of the arresting officer to comply
with the person's request is admissible at trial. 

(i) Requires the department, by rule, to set the fee for an analysis of a
person's breath. Prohibits the fee from exceeding the average cost to the
department of analyzing a breath specimen in the previous fiscal year under
Chapter 724, Transportation Code (Implied Consent). 

SECTION 2.  Emergency clause.
  Effective date: upon passage.