HB 460

84(R) - 2015
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Procedure

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Negative


Cecil Bell Jr.


Joe Moody
John Wray

Bill Caption

Relating to the issuance of a search warrant for taking a blood specimen from certain persons suspected of committing certain intoxication offenses.

Fiscal Notes

No significant fiscal implication to the State or local government is anticipated.

Bill Analysis

Currently an officer making a traffic stop who wishes to obtain a blood sample on the grounds of suspected charge of driving while intoxicated must first  obtain a warrant from the county magistrate with jurisdiction over the county in which the traffic stop occurred.

HB 460 would allow the officer, if unable to obtain a warrant from the magistrate in the county where the stop occurred, to obtain a warrant. from a magistrate with jurisdiction in a contiguous county. 

Vote Recommendation Notes

This legislation is written in a way that would allow the officer, if denied a warrant by the original magistrate, to essentially magistrate shop in order to obtain a warrant. This would violate the due process rights of the individual who is the subject of the warrant request. For this reason we oppose the legislation as a violation of individual liberty.

This result is likely not the intent of the bill author, but it is a foreseeable unintended consequence due to the actual language of the bill.

Organizations Supporting

Texas Municipal Police Association

Organizations Opposed

Freedom of Information Foundation of Texas