Possible scenario

[pulzcul]

With the new "texas express" 8 ball rule,[BIH anywhere on the table after a scratch or foul on the break], the breaker mis cues and scratches, never touching the rack. Incoming player gets BIH anywhere right? Think of the possibilties. If your thinking he could smash the balls from alot closer remenmber he has to call a ball.What would you do?

 

[brechbt]

With the new "texas express" 8 ball rule,[BIH anywhere on the table after a scratch or foul on the break], the breaker mis cues and scratches, never touching the rack. Incoming player gets BIH anywhere right? Think of the possibilties. If your thinking he could smash the balls from alot closer remenmber he has to call a ball.What would you do?

I assume you're talking BCA rules here. BIH is only one of the options; here are all of them:

3. If your break is illegal your inning ends. Your opponent may:
a. accept the table in position if you did not scratch;
b. take ball in hand if you foul;
c. re-rack the balls and break;
d. require you to re-rack the balls and break again.

If it were me, I'd re-rack and break myself.