By: Kamel H.B. No. 107
73R1173 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the term "intoxicated" as used in defining the offense
1-3 of driving while intoxicated and in the law governing the taking of
1-4 specimens of body substances.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (a)(2), Article 6701l-1, Revised
1-7 Statutes, is amended to read as follows:
1-8 (2) "Intoxicated" means:
1-9 (A) not having the normal use of mental or
1-10 physical faculties by reason of the introduction of alcohol, a
1-11 controlled substance, a drug, or a combination of two or more of
1-12 those substances into the body; or
1-13 (B) having an alcohol concentration of 0.08
1-14 <0.10> or more.
1-15 SECTION 2. Section 3(j)(4), Chapter 434, Acts of the 61st
1-16 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
1-17 Civil Statutes), is amended to read as follows:
1-18 (4) "Intoxicated" means:
1-19 (A) not having the normal use of mental or
1-20 physical faculties by reason of the introduction of alcohol, a
1-21 controlled substance, a drug, or a combination of two or more of
1-22 those substances into the body; or
1-23 (B) having an alcohol concentration of 0.08
1-24 <0.10> or more.
2-1 SECTION 3. (a) The change in law made by this Act applies
2-2 only to an offense committed on or after the effective date of this
2-3 Act. For purposes of this section, an offense was committed before
2-4 the effective date of this Act if any element of the offense
2-5 occurred before the effective date.
2-6 (b) An offense committed before the effective date of this
2-7 Act is covered by the law in effect when the offense was committed,
2-8 and the former law is continued in effect for this purpose.
2-9 SECTION 4. This Act takes effect September 1, 1993.
2-10 SECTION 5. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.