By: Zaffirini S.B. No. 855
73R1176 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for the offense of driving while
1-3 intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (f) and (l), Article 6701l-1, Revised
1-6 Statutes, are amended to read as follows:
1-7 (f) If it is shown on the trial of a person punished for an
1-8 offense under Subsection (c), (d), or (e) of this article that the
1-9 person committed the offense and as a direct result of the offense
1-10 another person suffered serious bodily injury, the minimum term of
1-11 confinement for the offense is increased by 60 days and the minimum
1-12 and maximum fines for the offense are increased by $500. If it is
1-13 shown on the trial of a person punished for an offense under
1-14 Subsection (c), (d), or (e) of this article that the person
1-15 committed the offense and that at the time of the offense the motor
1-16 vehicle being operated by that person was also occupied by one or
1-17 more passengers who were under the age of 21, the minimum and
1-18 maximum fines for the offense are increased by $1,000. If it is
1-19 shown on the trial of a person punished for an offense under this
1-20 article that the person committed the offense and at the time of
1-21 the offense the person operating the motor vehicle had an open
1-22 container of an alcoholic beverage in his immediate possession, the
1-23 minimum term of confinement for the offense is increased by:
1-24 (1) three days, and the minimum and maximum fines for
2-1 the offense are increased by $100, if the person is punished for an
2-2 offense under Subsection (c) of this article;
2-3 (2) six days, and the minimum and maximum fines for
2-4 the offense are increased by $200, if the person is punished for an
2-5 offense under Subsection (d) of this article; and
2-6 (3) 12 days, and the minimum and maximum fines for the
2-7 offense are increased by $400, if the person is punished for an
2-8 offense under Subsection (e) of this article.
2-9 (l) The increases in maximum and minimum punishments
2-10 provided by Subsection (f) of this article are cumulative. If it
2-11 is shown on the trial of the offense that the person committed the
2-12 offense, that as a direct result of the offense a person suffered
2-13 serious bodily injury, that at the time of the offense the motor
2-14 vehicle being operated by the person was also occupied by one or
2-15 more passengers who were under the age of 21, and that at the time
2-16 of the offense the person was operating a motor vehicle with an
2-17 open container of an alcoholic beverage present in the passenger
2-18 portion of the vehicle, the three <both> increases in punishment
2-19 authorized by Subsection (f) apply.
2-20 SECTION 2. This Act takes effect September 1, 1993. The
2-21 changes in law made by this Act apply only to an offense committed
2-22 on or after that date. An offense committed before the effective
2-23 date of this Act is covered by the law in effect when the offense
2-24 was committed, and the former law is continued in effect for that
2-25 purpose. For purposes of this section, an offense is committed
2-26 before the effective date of this Act if any element of the offense
2-27 occurs before that date.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.