Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to the authority of a justice of the peace to issue a
search warrant to collect a blood specimen from a person arrested
for certain intoxication criminal offenses.
Lawyer or not, for drunk driving arrests who refuse testing.
The bill lets a justice of the peace issue a search warrant to draw blood from a person arrested for drunk driving and related intoxication offenses who refuses a breath or blood test. Today that power is limited to magistrates who are licensed attorneys, so the bill extends it to justices of the peace whether or not they are lawyers. On the ground, police in places without a lawyer-magistrate on hand can get a blood-draw warrant from a local justice of the peace starting September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 1131 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 1131 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.QUICK READ: 145 WORDS. The bill as filed runs 145 words, counting the existing law it amends and the text it strikes. The median 89R bill as filed runs 441 words (derived, 8,702 graded bills, snapshot Oct 19, 2026).NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
relating to the authority of a justice of the peace to issue a
search warrant to collect a blood specimen from a person arrested
for certain intoxication criminal offenses.
WHAT IT DOES
Lawyer or not, for drunk driving arrests who refuse testing.
The bill lets a justice of the peace issue a search warrant to draw blood from a person arrested for drunk driving and related intoxication offenses who refuses a breath or blood test. Today that power is limited to magistrates who are licensed attorneys, so the bill extends it to justices of the peace whether or not they are lawyers. On the ground, police in places without a lawyer-magistrate on hand can get a blood-draw warrant from a local justice of the peace starting September 1, 2025.
Last action, May 8, 2023: Committee report sent to Calendars
Relating to the authority of a justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication criminal offenses.
Caption, 88R bill history
Sources
Texas House · Filed Nov 12, 2024
03/06/2025 H Referred to Criminal Jurisprudence: Mar 6 2025 11:42AM
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Vehicles & Traffic--DWI & DUID
BLOOD & MEDICAL TESTS
DRUG & ALCOHOL TESTING
JUSTICE OF THE PEACE
SEARCH WARRANTS
Text
The text as introduced · 145 words
89R3248 CJD-D
By: Spiller
H.B. No. 945
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a justice of the peace to issue a
search warrant to collect a blood specimen from a person arrested
for certain intoxication criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01(j), Code of Criminal Procedure, is
amended to read as follows:
(j) A [ Any ] magistrate who is an attorney licensed by this
state or a justice of the peace may issue a search warrant under
Article 18.02(a)(10) to collect a blood specimen from a person who:
(1) is arrested for an offense under Section 49.04,
49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code;
and
(2) refuses to submit to a breath or blood alcohol
test.
SECTION 2. This Act takes effect September 1, 2025.