By:  Zaffirini                                           S.B. No. 9
       73R682 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of prior convictions in sentencing a person
    1-3  convicted of driving while intoxicated.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 6701l-1(a), Revised Statutes, is amended
    1-6  by adding Subdivision (11) to read as follows:
    1-7              (11)  "Offense relating to the driving or operating of
    1-8  a motor vehicle while intoxicated" means:
    1-9                    (A)  an offense under this article;
   1-10                    (B)  an offense under Article 6701l-2, Revised
   1-11  Statutes, as that law existed before January 1, 1984;
   1-12                    (C)  an offense under Subdivision (2), Subsection
   1-13  (a), Section 19.05, Penal Code; or
   1-14                    (D)  an offense under the laws of another state
   1-15  that prohibit the operation of a motor vehicle while intoxicated.
   1-16        SECTION 2.  Article 6701l-1(d), Revised Statutes, is amended
   1-17  to read as follows:
   1-18        (d)  If it is shown on the trial of an offense under this
   1-19  article that the person has previously been convicted one time of
   1-20  an offense relating to the driving or operating of a motor vehicle
   1-21  while intoxicated <under this article>, the offense is punishable
   1-22  by:
   1-23              (1)  a fine of not less than $300 or more than $2,000;
   1-24  and
    2-1              (2)  confinement in jail for a term of not less than 15
    2-2  days or more than two years.
    2-3        SECTION 3.  Article 6701l-1(e), Revised Statutes, is amended
    2-4  to read as follows:
    2-5        (e)  If it is shown on the trial of an offense under this
    2-6  article that the person has previously been convicted two or more
    2-7  times of an offense relating to the driving or operating of a motor
    2-8  vehicle while intoxicated <under this article>, the offense is
    2-9  punishable by:
   2-10              (1)  a fine of not less than $500 or more than $2,000;
   2-11  and
   2-12              (2)  confinement in jail for a term of not less than 30
   2-13  days or more than two years or imprisonment in the state
   2-14  penitentiary for a term of not less than 60 days or more than five
   2-15  years.
   2-16        SECTION 4.  Article 6701l-1(i), Revised Statutes, is amended
   2-17  to read as follows:
   2-18        (i)  A conviction may not be used for the purpose of
   2-19  enhancement under Subsection (d) or (e) of this article if:
   2-20              (1)  the conviction was a final conviction under the
   2-21  provisions of Subsection <Subsections (g) and> (h) of this article
   2-22  and was for an offense committed more than 10 years before the
   2-23  offense for which the person is being tried was committed; and
   2-24              (2)  the person has not been convicted of an offense
   2-25  under this article, under Subdivision (2), Subsection (a), Section
   2-26  19.05, Penal Code, <or Article 6701l-1, or> under Article 6701l-2,
   2-27  Revised Statutes, or under the laws of another state that prohibit
    3-1  the operation of a motor vehicle while intoxicated committed within
    3-2  10 years immediately preceding the date on which the offense for
    3-3  which the person is being tried was committed.
    3-4        SECTION 5.  Article 6701l-1(g), Revised Statutes, is
    3-5  repealed.
    3-6        SECTION 6.  This Act takes effect September 1, 1993.
    3-7        SECTION 7.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency   and   an   imperative   public   necessity   that   the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.