CHAPTER 724. IMPLIED CONSENT - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE J. MISCELLANEOUS PROVISIONS

CHAPTER 724. IMPLIED CONSENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 31, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 444, Sec. 7, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. TAKING AND ANALYSIS OF SPECIMEN

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 32, eff. Sept. 1,

1997.

Sec. 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 under any of the following

circumstances if the officer arrests the person for an offense

under Chapter 49, Penal 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.

(c) The peace officer shall designate the type of specimen to be

taken.

(d) In this section, "bodily injury" and "serious bodily injury"

have the meanings assigned by Section 1.07, Penal Code.

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

Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 33, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 422, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1348, Sec. 18, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 34, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 444, Sec. 8, eff. Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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) If the blood specimen was taken according to recognized

medical procedures, the person who takes the blood specimen under

this chapter, the facility that employs the person who takes the

blood specimen, or the hospital where the blood specimen is taken

is immune from civil liability for damages arising from the

taking of the blood specimen at the request or order of the peace

officer or pursuant to a search warrant as provided by this

chapter and is not subject to discipline by any licensing or

accrediting agency or body. This subsection does not relieve a

person from liability for negligence in the taking of a blood

specimen. The taking of a specimen from a person who objects to

the taking of the specimen or who is resisting the taking of the

specimen does not in itself constitute negligence and may not be

considered evidence of negligence.

(c) In this section, "qualified technician" does not include

emergency medical services personnel.

(d) A person whose blood specimen is taken under this chapter in

a hospital is not considered to be present in the hospital for

medical screening or treatment unless the appropriate hospital

personnel determine that medical screening or treatment is

required for proper medical care of the person.

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1348, Sec. 19, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. SUSPENSION OR DENIAL OF LICENSE ON REFUSAL OF

SPECIMEN

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 444, Sec. 9, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1409, Sec. 5, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.163, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 35, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 444, Sec. 10, eff. Sept. 1, 2001.

SUBCHAPTER D. HEARING

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.164, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 444, Sec. 11, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 444, Sec. 12, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 444, Sec. 13, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 724.045. PROHIBITION ON PROBATION OF SUSPENSION. A

suspension under this chapter may not be probated.

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

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 444, Sec. 14(b), eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 1325, Sec. 11.09, eff. Sept.

1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 36, eff. Sept. 1,

1997.

SUBCHAPTER E. ADMISSIBILITY OF EVIDENCE

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.165, eff. Sept.

1, 1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 37, eff. Sept. 1,

1997.