By:  Sibley                                             S.B. No. 50
       73R548 CAG-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 of driving or operating a motor vehicle
    1-8  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; or
   1-12                    (C)  an offense under the laws of another state
   1-13  that prohibit the operation of a motor vehicle while intoxicated.
   1-14        SECTION 2.  Article 6701l-1(d), Revised Statutes, is amended
   1-15  to read as follows:
   1-16        (d)  If it is shown on the trial of an offense under this
   1-17  article that the person has previously been convicted one time of
   1-18  an offense of driving or operating a motor vehicle while
   1-19  intoxicated <under this article>, the offense is punishable by:
   1-20              (1)  a fine of not less than $300 or more than $2,000;
   1-21  and
   1-22              (2)  confinement in jail for a term of not less than 15
   1-23  days or more than two years.
   1-24        SECTION 3.  Article 6701l-1(e), Revised Statutes, is amended
    2-1  to read as follows:
    2-2        (e)  If it is shown on the trial of an offense under this
    2-3  article that the person has previously been convicted two or more
    2-4  times of an offense of driving or operating a motor vehicle while
    2-5  intoxicated <under this article>, the offense is punishable by:
    2-6              (1)  a fine of not less than $500 or more than $2,000;
    2-7  and
    2-8              (2)  confinement in jail for a term of not less than 30
    2-9  days or more than two years or imprisonment in the state
   2-10  penitentiary for a term of not less than 60 days or more than five
   2-11  years.
   2-12        SECTION 4.  Article 6701l-1(i), Revised Statutes, is amended
   2-13  to read as follows:
   2-14        (i)  A conviction may not be used for the purpose of
   2-15  enhancement under Subsection (d) or (e) of this article if:
   2-16              (1)  the conviction was a final conviction under the
   2-17  provisions of Subsection <Subsections (g) and> (h) of this article
   2-18  and was for an offense committed more than 10 years before the
   2-19  offense for which the person is being tried was committed; and
   2-20              (2)  the person has not been convicted of an offense
   2-21  under this article, under Subdivision (2), Subsection (a), Section
   2-22  19.05, Penal Code, <or Article 6701l-1, or> under Article 6701l-2,
   2-23  Revised Statutes, or under the laws of another state that prohibit
   2-24  the operation of a motor vehicle while intoxicated committed within
   2-25  10 years immediately preceding the date on which the offense for
   2-26  which the person is being tried was committed.
   2-27        SECTION 5.  Article 6701l-1(g), Revised Statutes, is
    3-1  repealed.
    3-2        SECTION 6.  This Act takes effect September 1, 1993.
    3-3        SECTION 7.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency   and   an   imperative   public   necessity   that   the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.