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.