HBA-EDN S.B. 58 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 58
By: Zaffirini
Criminal Jurisprudence
5/3/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, there are some concerns regarding the clarity of the warning
statements that peace officers are required to give a person suspected of
driving while intoxicated.  Senate Bill 58 allows an arresting officer to
explain certain information regarding the consequences of a person's
submittal to, or refusal to submit to, a specimen test and provides that
evidence of a person's refusal to submit to the taking of a specimen or the
analysis of the specimen is admissible in certain hearings or in a
subsequent prosecution under certain conditions. 

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 58 amends the Transportation Code to authorize an arresting
officer, after the officer has informed the person of certain information
as required before requesting the person to submit to the taking of a
specimen, to explain such information in a manner that is not coercive or
misleading or to provide additional information about the consequences of
the person's submitting or refusing to submit to the taking of a specimen.
The bill provides that evidence of a person's refusal to submit to the
taking of a specimen or of the analysis of the specimen is admissible in a
hearing or in a subsequent prosecution if the arresting officer
substantially complies with these provisions.   

EFFECTIVE DATE

September 1, 2001.