BILL ANALYSIS
C.S.S.B. 853
By: Shapiro
Criminal Justice
4-28-95
Committee Report (Substituted)
BACKGROUND
Currently, adults who drive while intoxicated with a child in a car
do not face enhanced penalties.
PURPOSE
As proposed, S.B. 853 enhances the penalties for operating a motor
vehicle while intoxicated if a minor was present in the vehicle.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 49.09, Penal Code, by adding Subsection
(f), as follows:
(f) Provides that a person who commits an offense described
in Subsections (a) or (c) and has been previously convicted
two times of the same offense, the person commits a second
degree felony.
SECTION 2. Effective date: September 1, 1995.
Makes application of this Act prospective.
SECTION 3. Emergency clause.