HBA-AMW S.B. 56 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 56
By: Zaffirini
Criminal Jurisprudence
5/3/2001
Engrossed



BACKGROUND AND PURPOSE 

An appellate court ruled in 1998 that the use of a breath test administered
one hour after a suspect was arrested did not provide sufficient evidence
to indicate the suspect's blood alcohol concentration at the time of the
arrest.  The court overturned that ruling in 1999.  Senate Bill 56
establishes a presumption that at the time of operating a motor vehicle in
a public place a person operating the vehicle had an alcohol concentration
level equal to or higher than 0.08 shown by an analysis of breath or blood
taken from the person at or not later than two hours after the time of the
person's arrest. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 56 amends the Transportation Code to specify that for the
purposes of the administrative suspension of a driver's license for failure
to pass a test for intoxication, it is presumed that at the time of
operating a motor vehicle in a public place, the person operating the
vehicle had an alcohol concentration level equal to or higher than 0.08
shown by an analysis of breath or blood taken from the person at or not
later than two hours after the time of the person's arrest. 

EFFECTIVE DATE

July 1, 2001, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.