81R2432 JSC-D
 
  By: Deuell S.B. No. 261
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the taking of a specimen of the breath or blood of a
  person arrested for an intoxication offense under certain
  circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 724.012(b) and (d), Transportation
  Code, are amended to read as follows:
         (b)  A peace officer shall require the taking of a specimen
  of the person's breath or blood under any of the following
  circumstances if[:
               [(1)]  the officer arrests the person for an offense
  under Chapter 49, Penal Code, involving the operation of a motor
  vehicle or a watercraft:
               (1)  [;
               [(2)]  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
               [; (3)]  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; [or]
                     (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 arrested 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)  has been previously arrested on two or more
  occasions 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 [and
               [(4)     the person refuses the officer's request to
  submit to the taking of a specimen voluntarily].
         (d)  In this section, "bodily injury" and "serious bodily
  injury" have [has] the meanings [meaning] assigned by Section 1.07,
  Penal Code.
         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 when 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 was
  committed before that date.
         SECTION 3.  This Act takes effect September 1, 2009.