By Kamel H.B. No. 93
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for the offense of intoxication
1-3 manslaughter.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.08, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person
1-8 commits an offense if the person:
1-9 (1) operates a motor vehicle in a public place, an
1-10 aircraft, or a watercraft; and
1-11 (2) is intoxicated and by reason of that intoxication
1-12 causes the death of one or more other individuals <another> by
1-13 accident or mistake.
1-14 (b) An offense under this section is:
1-15 (1) a felony of the second degree if the person causes
1-16 the death of one other individual by the commission of the offense;
1-17 or
1-18 (2) a felony of the first degree if the person causes
1-19 the death of more than one other individual by the commission of
1-20 the offense.
1-21 SECTION 2. This Act takes effect September 1, 1995. The
1-22 change in law made by this Act applies only to an offense committed
1-23 on or after that date. An offense committed before the effective
1-24 date of this Act is covered by the law in effect when the offense
2-1 was committed, and the former law is continued in effect for that
2-2 purpose. For purposes of this section, an offense was committed
2-3 before the effective date of this Act if any element of the offense
2-4 occurred before that date.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.