By:  Zaffirini                                          S.B. No. 11
       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.