BILL ANALYSIS



H.B. 93
By: Kamel
05-05-95
Committee Report (Amended)


BACKGROUND

Current law states that if an intoxicated person fatally injures
another person or persons in a motor vehicle accident, the offender
may be charged with intoxication manslaughter.  This charge is a
second degree felony carrying a maximum sentence of 2 to 20 years
and a maximum fine of $10,000.  Presently, no provision exists to
increase the penalty if the offender causes the death of more than
one person.

PURPOSE

If enacted, H.B. 93 would increase the penalty for multiple death
intoxication manslaughter to a first degree felony.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.08, Penal Code (INTOXICATION
MANSLAUGHTER), as follows:

     (a) expands definition of offense under this section if a
     person causes the death of one or more other individuals.

     (b) classifies an offense under this section as:

           (1) a second degree felony if the person causes the
           death of one other individual by the commission of the
           offense;

           (2) a first degree felony if the person causes the death
           of more than one other individual by the commission of
           the offense.

SECTION 2.  Effective date:  September 1, 1995.  The change in law
made by this Act applies only to those offenses committed on or
after the effective date.  Makes effect of the Act prospective.

SECTION 3.  Emergency clause.

EXPLANATION OF AMENDMENTS

The amendment changes the word "persons" to "individuals" on line
12, changes the word "actor" to "person" on lines 15 and 17; and
replaces the word "person" to "individual by the commission of the
offense" on lines 16 and 18. 

SUMMARY OF COMMITTEE ACTION

HB 93 was considered by the full committee in a public hearing on
April 24, 1995.  The following persons testified for the bill:

     Betty Ross, representing Texas State MADD; and
     Sharon Emmert, representing MADD.

The following persons testified on the bill:

     Lon Curtis, representing TDCAA;
     Judge Cynthia Stevens Kent; and
     Allen Ray, representing the Texas Automobile Dealers
     Association.

The bill was left pending in committee.  HB 93 was considered by
the full committee in a formal meeting on May 5, 1995.  The
committee considered an amendment to the bill.  The amendment was
adopted without objection.  HB 93 was reported favorably as
amended, with the recommendation that it do pass and be printed and
be sent to the Committee on Local and Consent Calendars by a record
vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.