By Kamel H.B. No. 93
74R158 JD-D
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 persons <another> by accident
1-13 or mistake.
1-14 (b) An offense under this section is:
1-15 (1) a felony of the second degree if the actor causes
1-16 the death of one other person; or
1-17 (2) a felony of the first degree if the actor causes
1-18 the death of more than one other person.
1-19 SECTION 2. This Act takes effect September 1, 1995. The
1-20 change in law made by this Act applies only to an offense committed
1-21 on or after that date. An offense committed before the effective
1-22 date of this Act is covered by the law in effect when the offense
1-23 was committed, and the former law is continued in effect for that
1-24 purpose. For purposes of this section, an offense was committed
2-1 before the effective date of this Act if any element of the offense
2-2 occurred before that date.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 COMMITTEE AMENDMENT NO. 1
2-9 Amend H.B. No. 93 as follows:
2-10 (1) On page 1, line 12, strike "persons" and substitute
2-11 "individuals".
2-12 (2) On page 1, line 15 and line 17, strike "actor" and
2-13 substitute "person".
2-14 (3) On page 1, line 16 and line 18, strike "person" and
2-15 substitute "individual by the commission of the offense".
2-16 74R11939 JD-F Talton