2005 Texas Transportation Code CHAPTER 724. IMPLIED CONSENT

TRANSPORTATION CODE

CHAPTER 724. IMPLIED CONSENT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 724.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Alcohol concentration" has the meaning assigned 
by Section 49.01, Penal Code.
		(2)  "Arrest" includes the taking into custody of a 
child, as defined by Section 51.02, Family Code.
		(3)  "Controlled substance" has the meaning assigned by 
Section 481.002, Health and Safety Code.
		(4)  "Criminal charge" includes a charge that may 
result in a proceeding under Title 3, Family Code.
		(5)  "Criminal proceeding" includes a proceeding under 
Title 3, Family Code.
		(6)  "Dangerous drug" has the meaning assigned by 
Section 483.001, Health and Safety Code.
		(7)  "Department" means the Department of Public 
Safety.                    
		(8)  "Drug" has the meaning assigned by Section 
481.002, Health and Safety Code.
		(9)  "Intoxicated" has the meaning assigned by Section 
49.01, Penal Code.   
		(10)  "License" has the meaning assigned by Section 
521.001.                
		(11)  "Operate" means to drive or be in actual control 
of a motor vehicle or watercraft.
		(12)  "Public place" has the meaning assigned by 
Section 1.07, Penal Code.  

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1013, § 31, eff. Sept. 1, 1997.


	§ 724.002. APPLICABILITY.  The provisions of this chapter 
that apply to suspension of a license for refusal to submit to the 
taking of a specimen (Sections 724.013, 724.015, and 724.048 and 
Subchapters C and D) apply only to a person arrested for an offense 
involving the operation of a motor vehicle or watercraft powered 
with an engine having a manufacturer's rating of 50 horsepower or 
above.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 444, § 7, eff. Sept. 1, 2001.


	§ 724.003. RULEMAKING.  The department and the State 
Office of Administrative Hearings shall adopt rules to administer 
this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER B. TAKING AND ANALYSIS OF SPECIMEN


	§ 724.011. CONSENT TO TAKING OF SPECIMEN.  (a) If a person 
is arrested for an offense arising out of acts alleged to have been 
committed while the person was operating a motor vehicle in a public 
place, or a watercraft, while intoxicated, or an offense under 
Section 106.041, Alcoholic Beverage Code, the person is deemed to 
have consented, subject to this chapter, to submit to the taking of 
one or more specimens of the person's breath or blood for analysis 
to determine the alcohol concentration or the presence in the 
person's body of a controlled substance, drug, dangerous drug, or 
other substance.
	(b)  A person arrested for an offense described by Subsection 
(a) may consent to submit to the taking of any other type of 
specimen to determine the person's alcohol concentration.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1013, § 32, eff. Sept. 1, 1997.


	§ 724.012. TAKING OF SPECIMEN.  (a) One or more specimens 
of a person's breath or blood may be taken if the person is arrested 
and at the request of a peace officer having reasonable grounds to 
believe the person:
		(1)  while intoxicated was operating a motor vehicle in 
a public place, or a watercraft;  or
		(2)  was in violation of Section 106.041, Alcoholic 
Beverage Code.          
	(b)  A peace officer shall require the taking of a specimen 
of the person's breath or blood 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;
		(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;
		(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;  and
		(4)  the person refuses the officer's request to submit 
to the taking of a specimen voluntarily.
	(c)  The peace officer shall designate the type of specimen 
to be taken.     
	(d)  In this section, "serious bodily injury" has the meaning 
assigned by Section 1.07, Penal Code.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1013, § 33, eff. Sept. 1, 1997;  Acts 
2003, 78th Leg., ch. 422, § 1, eff. Sept. 1, 2003.


	§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON 
REFUSES;  EXCEPTION.  Except as provided by Section 724.012(b), a 
specimen may not be taken if a person refuses to submit to the 
taking of a specimen designated by a peace officer.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.014. PERSON INCAPABLE OF REFUSAL.  (a) A person who 
is dead, unconscious, or otherwise incapable of refusal is 
considered not to have withdrawn the consent provided by Section 
724.011.
	(b)  If the person is dead, a specimen may be taken by:                        
		(1)  the county medical examiner or the examiner's 
designated agent;  or    
		(2)  a licensed mortician or a person authorized under 
Section 724.016 or 724.017 if there is not a county medical examiner 
for the county.
	(c)  If the person is alive but is incapable of refusal, a 
specimen may be taken by a person authorized under Section 724.016 
or 724.017.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.015. INFORMATION PROVIDED BY OFFICER BEFORE 
REQUESTING SPECIMEN.  Before requesting a person to submit to the 
taking of a specimen, the officer shall inform the person orally and 
in writing that:
		(1)  if the person refuses to submit to the taking of 
the specimen, that refusal may be admissible in a subsequent 
prosecution;
		(2)  if the person refuses to submit to the taking of 
the specimen, the person's license to operate a motor vehicle will 
be automatically suspended, whether or not the person is 
subsequently prosecuted as a result of the arrest, for not less than 
180 days;
		(3)  if the person is 21 years of age or older and 
submits to the taking of a specimen designated by the officer and an 
analysis of the specimen shows the person had an alcohol 
concentration of a level specified by Chapter 49, Penal Code, the 
person's license to operate a motor vehicle will be automatically 
suspended for not less than 90 days, whether or not the person is 
subsequently prosecuted as a result of the arrest;
		(4)  if the person is younger than 21 years of age and 
has any detectable amount of alcohol in the person's system, the 
person's license to operate a motor vehicle will be automatically 
suspended for not less than 60 days even if the person submits to 
the taking of the specimen, but that if the person submits to the 
taking of the specimen and an analysis of the specimen shows that 
the person had an alcohol concentration less than the level 
specified by Chapter 49, Penal Code, the person may be subject to 
criminal penalties less severe than those provided under that 
chapter;
		(5)  if the officer determines that the person is a 
resident without a license to operate a motor vehicle in this state, 
the department will deny to the person the issuance of a license, 
whether or not the person is subsequently prosecuted as a result of 
the arrest, under the same conditions and for the same periods that 
would have applied to a revocation of the person's driver's license 
if the person had held a driver's license issued by this state;  and
		(6)  the person has a right to a hearing on the 
suspension or denial if, not later than the 15th day after the date 
on which the person receives the notice of suspension or denial or 
on which the person is considered to have received the notice by 
mail as provided by law, the department receives, at its 
headquarters in Austin, a written demand, including a facsimile 
transmission, or a request in another form prescribed by the 
department for the hearing.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1013, § 34, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 444, § 8, eff. Sept. 1, 2001.


	§ 724.016. BREATH SPECIMEN.  (a) A breath specimen taken 
at the request or order of a peace officer must be taken and 
analyzed under rules of the department by an individual possessing 
a certificate issued by the department certifying that the 
individual is qualified to perform the analysis.
	(b)  The department may:                                                       
		(1)  adopt rules approving satisfactory analytical 
methods;  and            
		(2)  ascertain the qualifications of an individual to 
perform the analysis. 
	(c)  The department may revoke a certificate for cause.                        

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.017. BLOOD SPECIMEN.  (a) Only a physician, 
qualified technician, chemist, registered professional nurse, or 
licensed vocational nurse may take a blood specimen at the request 
or order of a peace officer under this chapter.  The blood specimen 
must be taken in a sanitary place.
	(b)  The person who takes the blood specimen under this 
chapter, or the hospital where the blood specimen is taken, is not 
liable for damages arising from the request or order of the peace 
officer to take the blood specimen as provided by this chapter if 
the blood specimen was taken according to recognized medical 
procedures.  This subsection does not relieve a person from 
liability for negligence in the taking of a blood specimen.
	(c)  In this section, "qualified technician" does not 
include emergency medical services personnel.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.018. FURNISHING INFORMATION CONCERNING TEST 
RESULTS.  On the request of a person who has given a specimen at the 
request of a peace officer, full information concerning the 
analysis of the specimen shall be made available to the person or 
the person's attorney.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.019. ADDITIONAL ANALYSIS BY REQUEST.  (a) A person 
who submits to the taking of a specimen of breath, blood, urine, or 
another bodily substance at the request or order of a peace officer 
may, on request and within a reasonable time not to exceed two hours 
after the arrest, have a physician, qualified technician, chemist, 
or registered professional nurse selected by the person take for 
analysis an additional specimen of the person's blood.
	(b)  The person shall be allowed a reasonable opportunity to 
contact a person specified by Subsection (a).
	(c)  A peace officer or law enforcement agency is not 
required to transport for testing a person who requests that a blood 
specimen be taken under this section.
	(d)  The failure or inability to obtain an additional 
specimen or analysis under this section does not preclude the 
admission of evidence relating to the analysis of the specimen 
taken at the request or order of the peace officer.
	(e)  A peace officer, another person acting for or on behalf 
of the state, or a law enforcement agency is not liable for damages 
arising from a person's request to have a blood specimen taken.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER C. SUSPENSION OR DENIAL OF LICENSE ON REFUSAL OF 
SPECIMEN


	§ 724.031. STATEMENT REQUESTED ON REFUSAL.  If a person 
refuses the request of a peace officer to submit to the taking of a 
specimen, the peace officer shall request the person to sign a 
statement that:
		(1)  the officer requested that the person submit to 
the taking of a specimen;
		(2)  the person was informed of the consequences of not 
submitting to the taking of a specimen;  and
		(3)  the person refused to submit to the taking of a 
specimen.              

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.032. OFFICER'S DUTIES FOR LICENSE SUSPENSION;  
WRITTEN REFUSAL REPORT..  (a) If a person refuses to submit to the 
taking of a specimen, whether expressly or because of an 
intentional failure of the person to give the specimen, the peace 
officer shall:
		(1)  serve notice of license suspension or denial on 
the person;            
		(2)  take possession of any license issued by this 
state and held by the person arrested;
		(3)  issue a temporary driving permit to the person 
unless department records show or the officer otherwise determines 
that the person does not hold a license to operate a motor vehicle 
in this state;  and
		(4)  make a written report of the refusal to the 
director of the department.
	(b)  The director must approve the form of the refusal 
report.  The report must:
		(1)  show the grounds for the officer's belief that the 
person had been operating a motor vehicle or watercraft powered 
with an engine having a manufacturer's rating of 50 horsepower or 
above while intoxicated;  and
		(2)  contain a copy of:                                                       
			(A)  the refusal statement requested under 
Section 724.031;  or            
			(B)  a statement signed by the officer that the 
person refused to:         
				(i)  submit to the taking of the requested 
specimen;  and                 
				(ii)  sign the requested statement under 
Section 724.031.                 
	(c)  The officer shall forward to the department not later 
than the fifth business day after the date of the arrest:
		(1)  a copy of the notice of suspension or denial;                            
		(2)  any license taken by the officer under Subsection 
(a);                 
		(3)  a copy of any temporary driving permit issued 
under Subsection (a);  and
		(4)  a copy of the refusal report.                                            
	(d)  The department shall develop forms for notices of 
suspension or denial and temporary driving permits to be used by all 
state and local law enforcement agencies.
	(e)  A temporary driving permit issued under this section 
expires on the 41st day after the date of issuance.  If the person 
was driving a commercial motor vehicle, as defined by Section 
522.003, a temporary driving permit that authorizes the person to 
drive a commercial motor vehicle is not effective until 24 hours 
after the time of arrest.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 444, § 9, eff. Sept. 1, 2001.


	§ 724.033. ISSUANCE BY DEPARTMENT OF NOTICE OF SUSPENSION 
OR DENIAL OF LICENSE.  (a) On receipt of a report of a peace officer 
under Section 724.032, if the officer did not serve notice of 
suspension or denial of a license at the time of refusal to submit 
to the taking of a specimen, the department shall mail notice of 
suspension or denial, by first class mail, to the address of the 
person shown by the records of the department or to the address 
given in the peace officer's report, if different.
	(b)  Notice is considered received on the fifth day after the 
date it is mailed.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1999, 76th Leg., ch. 1409, § 5, eff. Sept. 1, 1999.


	§ 724.034. CONTENTS OF NOTICE OF SUSPENSION OR DENIAL OF 
LICENSE.  A notice of suspension or denial of a license must state:
		(1)  the reason and statutory grounds for the action;                         
		(2)  the effective date of the suspension or denial;                          
		(3)  the right of the person to a hearing;                                    
		(4)  how to request a hearing;  and                                           
		(5)  the period in which a request for a hearing must be 
received by the department.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.035. SUSPENSION OR DENIAL OF LICENSE.  (a) If a 
person refuses the request of a peace officer to submit to the 
taking of a specimen, the department shall:
		(1)  suspend the person's license to operate a motor 
vehicle on a public highway for 180 days;  or
		(2)  if the person is a resident without a license, 
issue an order denying the issuance of a license to the person for 
180 days.
	(b)  The period of suspension or denial is two years if the 
person's driving record shows one or more alcohol-related or 
drug-related enforcement contacts, as defined by Section 
524.001(3), during the 10 years preceding the date of the person's 
arrest.
	(c)  A suspension or denial takes effect on the 40th day 
after the date on which the person:
		(1)  receives notice of suspension or denial under 
Section 724.032(a);  or  
		(2)  is considered to have received notice of 
suspension or denial under Section 724.033.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.163, eff. Sept. 1, 1997;  
Acts 1997, 75th Leg., ch. 1013, § 35, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 444, § 10, eff. Sept. 1, 2001.

SUBCHAPTER D. HEARING


	§ 724.041. HEARING ON SUSPENSION OR DENIAL.  (a) If, not 
later than the 15th day after the date on which the person receives 
notice of suspension or denial under Section 724.032(a) or is 
considered to have received notice under Section 724.033, the 
department receives at its headquarters in Austin, in writing, 
including a facsimile transmission, or by another manner prescribed 
by the department, a request that a hearing be held, the State 
Office of Administrative Hearings shall hold a hearing.
	(b)  A hearing shall be held not earlier than the 11th day 
after the date the person is notified, unless the parties agree to 
waive this requirement, but before the effective date of the notice 
of suspension or denial.
	(c)  A request for a hearing stays the suspension or denial 
until the date of the final decision of the administrative law 
judge.  If the person's license was taken by a peace officer under 
Section 724.032(a), the department shall notify the person of the 
effect of the request on the suspension of the person's license 
before the expiration of any temporary driving permit issued to the 
person, if the person is otherwise eligible, in a manner that will 
permit the person to establish to a peace officer that the person's 
license is not suspended.
	(d)  A hearing shall be held by an administrative law judge 
employed by the State Office of Administrative Hearings.
	(e)  A hearing shall be held:                                                  
		(1)  at a location designated by the State Office of 
Administrative Hearings:
			(A)  in the county of arrest if the county has a 
population of 300,000 or more;  or
			(B)  in the county in which the person was alleged 
to have committed the offense for which the person was arrested or 
not more than 75 miles from the county seat of the county of arrest 
if the population of the county of arrest is less than 300,000;  or
		(2)  with the consent of the person requesting the 
hearing and the department, by telephone conference call.
	(f)  The State Office of Administrative Hearings shall 
provide for the stenographic or electronic recording of a hearing 
under this subchapter.
	(g)  An administrative hearing under this section is 
governed by Sections 524.032(b) and (c), 524.035(e), 524.037(a), 
and 524.040.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.164, eff. Sept. 1, 1997;  
Acts 2001, 77th Leg., ch. 444, § 11, eff. Sept. 1, 2001.


	§ 724.042. ISSUES AT HEARING.  The issues at a hearing 
under this subchapter are whether:
		(1)  reasonable suspicion or probable cause existed to 
stop or arrest the person;
		(2)  probable cause existed to believe that the person 
was:                 
			(A)  operating a motor vehicle in a public place 
while intoxicated;  or    
			(B)  operating a watercraft powered with an engine 
having a manufacturer's rating of 50 horsepower or above while 
intoxicated;
		(3)  the person was placed under arrest by the officer 
and was requested to submit to the taking of a specimen;  and
		(4)  the person refused to submit to the taking of a 
specimen on request of the officer.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 444, § 12, eff. Sept. 1, 2001.


	§ 724.043. FINDINGS OF ADMINISTRATIVE LAW JUDGE.  (a) If 
the administrative law judge finds in the affirmative on each issue 
under Section 724.042, the suspension order is sustained.  If the 
person is a resident without a license, the department shall 
continue to deny to the person the issuance of a license for the 
applicable period provided by Section 724.035.
	(b)  If the administrative law judge does not find in the 
affirmative on each issue under Section 724.042, the department 
shall return the person's license to the person, if the license was 
taken by a peace officer under Section 724.032(a), and reinstate 
the person's license or rescind any order denying the issuance of a 
license because of the person's refusal to submit to the taking of a 
specimen under Section 724.032(a).

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 444, § 13, eff. Sept. 1, 2001.


	§ 724.044. WAIVER OF RIGHT TO HEARING.  A person waives 
the right to a hearing under this subchapter and the department's 
suspension or denial is final and may not be appealed if the person:
		(1)  fails to request a hearing under Section 724.041;  
or                  
		(2)  requests a hearing and fails to appear, without 
good cause.            

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.045. PROHIBITION ON PROBATION OF SUSPENSION.  A 
suspension under this chapter may not be probated.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.046. REINSTATEMENT OF LICENSE OR ISSUANCE OF NEW 
LICENSE.  (a) A license suspended under this chapter may not be 
reinstated or a new license issued until the person whose license 
has been suspended pays to the department a fee of $125 in addition 
to any other fee required by law.  A person subject to a denial order 
issued under this chapter may not obtain a license after the period 
of denial has ended until the person pays to the department a fee of 
$125 in addition to any other fee required by law.
	(b)  If a suspension or denial under this chapter is 
rescinded by the department, an administrative law judge, or a 
court, payment of the fee under this section is not required for 
reinstatement or issuance of a license.
	(c)  Each fee collected under this section shall be deposited 
to the credit of the Texas mobility fund.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 444, § 14(b), eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 1325, § 11.09, eff. Sept. 1, 2003.


	§ 724.047. APPEAL.  Chapter 524 governs an appeal from an 
action of the department, following an administrative hearing under 
this chapter, in suspending or denying the issuance of a license.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.048. RELATIONSHIP OF ADMINISTRATIVE PROCEEDING TO 
CRIMINAL PROCEEDING.  (a) The determination of the department or 
administrative law judge:
		(1)  is a civil matter;                                                       
		(2)  is independent of and is not an estoppel as to any 
matter in issue in an adjudication of a criminal charge arising from 
the occurrence that is the basis for the suspension or denial;  and
		(3)  does not preclude litigation of the same or 
similar facts in a criminal prosecution.
	(b)  Except as provided by Subsection (c), the disposition of 
a criminal charge does not affect a license suspension or denial 
under this chapter and is not an estoppel as to any matter in issue 
in a suspension or denial proceeding under this chapter.
	(c)  If a criminal charge arising from the same arrest as a 
suspension under this chapter results in an acquittal, the 
suspension under this chapter may not be imposed.  If a suspension 
under this chapter has already been imposed, the department shall 
rescind the suspension and remove references to the suspension from 
the computerized driving record of the individual.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1013, § 36, eff. Sept. 1, 1997.

SUBCHAPTER E. ADMISSIBILITY OF EVIDENCE


	§ 724.061. ADMISSIBILITY OF REFUSAL OF PERSON TO SUBMIT TO 
TAKING OF SPECIMEN.  A person's refusal of a request by an officer 
to submit to the taking of a specimen of breath or blood, whether 
the refusal was express or the result of an intentional failure to 
give the specimen, may be introduced into evidence at the person's 
trial.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.062. ADMISSIBILITY OF REFUSAL OF REQUEST FOR 
ADDITIONAL TEST.  The fact that a person's request to have an 
additional analysis under Section 724.019 is refused by the officer 
or another person acting for or on behalf of the state, that the 
person was not provided a reasonable opportunity to contact a 
person specified by Section 724.019(a) to take the specimen, or 
that reasonable access was not allowed to the arrested person may be 
introduced into evidence at the person's trial.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 724.063. ADMISSIBILITY OF ALCOHOL CONCENTRATION OR 
PRESENCE OF SUBSTANCE.  Evidence of alcohol concentration or the 
presence of a controlled substance, drug, dangerous drug, or other 
substance obtained by an analysis authorized by Section 724.014 is 
admissible in a civil or criminal action.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.165, eff. Sept. 1, 1997.


	§ 724.064. ADMISSIBILITY IN CRIMINAL PROCEEDING OF 
SPECIMEN ANALYSIS.  On the trial of a criminal proceeding arising 
out of an offense under Chapter 49, Penal Code, involving the 
operation of a motor vehicle or a watercraft, or an offense under 
Section 106.041, Alcoholic Beverage Code, evidence of the alcohol 
concentration or presence of a controlled substance, drug, 
dangerous drug, or other substance as shown by analysis of a 
specimen of the person's blood, breath, or urine or any other bodily 
substance taken at the request or order of a peace officer is 
admissible.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1013, § 37, eff. Sept. 1, 1997.