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.