Highlights 77th Texas Legislature - Senate

________________ C RIMINAL
USTICE/General/General
RIMINAL JUSTICE
77 th Texas Legislature
Requires the criteria to give priority to agencies that employ peace officers whose primary duty is traffic
enforcement, smaller jurisdictions, and municipal and county law enforcement agencies.
Requires law enforcement agencies to adopt the required policies and begin collecting the required
information by January 1, 2002. The first Report A is due on March 1, 2003. The first Report B is due
March 1, 2004.
Impairment or Interruption of Public Water - S.B. 1174
by Senator Wentworth
House Sponsor: Representative Bob Turner
Interruption, impairment, or diversion of public water can result in both water supply contamination and
revenue loss for the water supplier. This offense is difficult to prosecute because it is virtually impossible to
prove the amount of water diverted in order to estimate the amount of pecuniary loss.
Provides that regardless of the amount of pecuniary loss it is a Class A misdemeanor if an actor causes
impairment or interruption of public water supplies or causes public water supplies to be diverted in any
manner.
Possession of an Alcoholic Beverage in a Motor Vehicle - H.B. 5
by Representative Dunnam, et al.
Senate Sponsor: Senator Nelson
Under current federal law, states are required to enact laws that meet federal requirements for both repeat
driving-while-intoxicated (DWI) offenders and open container laws. If a state fails to enact or is not
enforcing an open container law or a law relating to repeat DWI offenders, federal law requires that a
percentage of federal highway funds apportioned to the state be diverted for use in traffic safety programs.
Currently, 1.5 percent of funds are being transferred in this manner. Beginning October 1, 2002, the
percentage doubles if Texas does not meet or exceed the requirements set by federal law.
Under current Texas law regarding consumption or possession of an alcoholic beverage in a motor vehicle,
a person commits an offense if the person consumes an alcoholic beverage while operating a motor vehicle
in a public place and is observed doing so by a peace officer. This “open container” legislation:
Establishes provisions for the purpose of bringing Texas into compliance with federal open container laws
and federal laws for repeat DWI offenders.
Immediate Driver’s License Confiscation for Certain Intoxication Offenses - H.B. 63
by Representative Wolens, et al.
Senate Sponsor: Senator Zaffirini
The Department of Public Safety (DPS) is authorized to suspend the driver’s license of an individual who
refuses to submit to a breath or chemical test or who provides a specimen with a prohibited concentration.
Many drivers opt to have their driver’s licenses suspended, rather than face the consequences of failing a
breath test.
Senate Research Center 47