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2009 - 2010 Advisory Council
  TEXAS  
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2009 Legislative Summary

2009 Legislative Session Final Report

Here's our take on the 81st Session of the Texas Legislature. To make a long story short, neither of our top priority bills (checkpoints, interlocks) passed. However, the good news is that we don't know of any bad bills that passed, either. I know it's small comfort, but the checkpoint bill made more progress in this session than it ever has. It passed the Senate 20-11 and had a hearing in the House Committee on Criminal Jurisprudence early enough to have a realistic chance to pass.
Many thanks for all your help. We really appreciate your interest and the phone calls and messages you sent to your representatives.
Our tracking report is attached for those who would like more information.
Thanks again,
Bill
Good bills that passed:
" SB 328, Carona, Phillips
The original bill just added Boating While Intoxicated to the offenses for which a person's driver license can be suspended. However, the bill was amended to require police to compel breath tests from people arrested for DWI if the police have good information that the person arrested has been convicted at least twice previously for DWI or related offenses. Another amendment expanded the magistrates who can issue search warrants to draw blood from DWI suspects. Thanks to the amendments, this bill is probably the best DWI bill the legislature passed this session.
Good bills that died:
" HB 169, Smith, SB 298, Carona
Sobriety checkpoints
" HB 170, Aycock
Created a presumption that a person's blood alcohol concentration at the time of arrest was the same or higher than at the time of the test provided the test was administered within 90 minutes of the arrest.
" HB 331, Pierson
Would have required alcoholic beverage permit holders to have liability insurance.
" HB 379, Harper-Brown, SB 170, Ellis, HB 110, Callegari, HB 4061, Smith
Ignition interlock for all DWI offenders.
" HB 3867, Frost
Would have made alcoholic beverage sellers jointly and severally liable for damages caused by a drunk driver.
Bad bills that passed: None! Please tell us if you know differently.
Bad bills that died:
" There were a slew of bills that would have granted occupational driver licenses virtually automatically, made it easier to expunge criminal records, gutted the driver responsibility program, limited the ability of the police to draw blood, made ALR even more complicated, and reduced probation (community supervision) for DWI - they all died.

 


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