Bill Text: TX HB1658 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to requiring the arrest and collection of a breath or blood specimen of persons operating a motor vehicle or watercraft while intoxicated under certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-17 - Considered in Calendars [HB1658 Detail]
Download: Texas-2013-HB1658-Introduced.html
83R3844 GCB-D | ||
By: King of Parker | H.B. No. 1658 |
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relating to requiring the arrest and collection of a breath or blood | ||
specimen of persons operating a motor vehicle or watercraft while | ||
intoxicated under certain circumstances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 724.012(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A peace officer shall arrest a person and require the | ||
taking of a specimen of the person's breath or blood under any of | ||
the following circumstances if the officer has probable cause to | ||
arrest [ |
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Code, involving the operation of a motor vehicle or a watercraft and | ||
the person refuses the officer's request to submit to the taking of | ||
a specimen voluntarily: | ||
(1) the person was the operator of a motor vehicle or a | ||
watercraft involved in an accident that the officer reasonably | ||
believes occurred as a result of the offense and, at the time of the | ||
arrest, the officer reasonably believes that as a direct result of | ||
the accident: | ||
(A) any individual has died or will die; | ||
(B) an individual other than the person has | ||
suffered serious bodily injury; or | ||
(C) an individual other than the person has | ||
suffered bodily injury and been transported to a hospital or other | ||
medical facility for medical treatment; | ||
(2) the offense for which the officer arrests the | ||
person is an offense under Section 49.045, Penal Code; or | ||
(3) at the time of the arrest, the officer possesses or | ||
receives reliable information from a credible source that the | ||
person: | ||
(A) has been previously convicted of or placed on | ||
community supervision for an offense under Section 49.045, 49.07, | ||
or 49.08, Penal Code, or an offense under the laws of another state | ||
containing elements substantially similar to the elements of an | ||
offense under those sections; or | ||
(B) on two or more occasions, has been previously | ||
convicted of or placed on community supervision for an offense | ||
under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an | ||
offense under the laws of another state containing elements | ||
substantially similar to the elements of an offense under those | ||
sections. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 3. This Act takes effect September 1, 2013. |