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.