Texas Laws | Transportation Code Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (42455) (a) A grant-in-aid for a governmental purpose or a contractual payment may be made to a legal or political subdivision of this state to carry out a duty or activity that is part of the statewide traffic safety program. (42457) (b) To implement this chapter, a contractual payment may be made from money in the traffic safety fund account for a service rendered or property furnished by a private person or an agency that is not a legal or political subdivision of this state. (42458) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.162, eff. Sept. 1, 1997. (42459) CHAPTER 724. IMPLIED CONSENT (42460)(Text)Sec. 724.001. DEFINITIONS. (42461)(Text)In this chapter: (42462) (1) "Alcohol concentration" has the meaning assigned by Section 49.01, Penal Code. (42463) (2) "Arrest" includes the taking into custody of a child, as defined by Section 51.02, Family Code. (42464) (3) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (42465) (4) "Criminal charge" includes a charge that may result in a proceeding under Title 3, Family Code. (42466) (5) "Criminal proceeding" includes a proceeding under Title 3, Family Code. (42467) (6) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code. (42468) (7) "Department" means the Department of Public Safety. (42469) (8) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. (42470) (9) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code. (42471) (10) "License" has the meaning assigned by Section 521.001. (42472) (11) "Operate" means to drive or be in actual control of a motor vehicle or watercraft. (42473) (12) "Public place" has the meaning assigned by Section 1.07, Penal Code. (42474) 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. (42475) Sec. 724.002. APPLICABILITY. (42476)(Text)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. (42477) 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. (42478) Sec. 724.003. RULEMAKING. (42479)(Text)The department and the State Office of Administrative Hearings shall adopt rules to administer this chapter. (42480) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (42481) SUBCHAPTER B. TAKING AND ANALYSIS OF SPECIMEN (42482)(Text)(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. (42484) (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. (42485) 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. (42486) (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: (42488) (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or (42489) (2) was in violation of Section 106.041, Alcoholic Beverage Code. (42490) (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: (42491) (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: (42492) (A) any individual has died or will die; (42493) (B) an individual other than the person has suffered serious bodily injury; or (42494)
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