By Hochberg                                            H.B. No. 113
       74R851 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment for the offense of driving while
    1-3  intoxicated.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsections (d) and (e), Article 6701l-1, Revised
    1-6  Statutes, as amended by Chapter 886, Acts of the 73rd Legislature,
    1-7  Regular Session, 1993, are repealed.
    1-8        SECTION 2.  Section 13(a), Article 42.12, Code of Criminal
    1-9  Procedure, as amended by Chapters 886 and 900, Acts of the 73rd
   1-10  Legislature, Regular Session, 1993, is amended to read as follows:
   1-11        (a)  A judge granting community supervision to a defendant
   1-12  convicted of an offense under Chapter 49, Penal Code, shall require
   1-13  as a condition of community supervision that the defendant submit
   1-14  to:
   1-15              <(1)  72 hours of detention in a jail if the defendant
   1-16  was convicted under Subsection (d) of Article 6701l-1, Revised
   1-17  Statutes, of which not less than 48 hours must be served
   1-18  consecutively, except that in lieu of the requirement of 48
   1-19  consecutive hours of detention, the court may require not less than
   1-20  80 hours of community service; 10 days of detention in a jail if
   1-21  the defendant was convicted under Subsection (e) of Article
   1-22  6701l-1, Revised Statutes, of which not less than 48 hours must be
   1-23  served consecutively, except that in lieu of the requirement of 48
   1-24  consecutive hours of detention, the court may require not less than
    2-1  160 hours of community service; or 30 days of detention in a jail
    2-2  if the defendant was convicted under Subsection (f) of Article
    2-3  6701l-1, Revised Statutes, of which not less than 48 hours must be
    2-4  served consecutively, except that in lieu of the requirement of 48
    2-5  consecutive hours of detention, the court may require not less than
    2-6  360 hours of community service; and>
    2-7              (1)  not less than 72 hours of continuous confinement
    2-8  if the defendant was punished under Section 49.09(a); not less than
    2-9  10 days of continuous confinement if the defendant was punished
   2-10  under Section 49.09(b) or (c); or not less than 30 days of
   2-11  continuous confinement if the defendant was convicted under Section
   2-12  49.07; and
   2-13              (2)  an evaluation by a supervision officer or by a
   2-14  person, program, or facility approved by the Texas Commission on
   2-15  Alcohol and Drug Abuse for the purpose of having the facility
   2-16  prescribe and carry out a course of conduct necessary for the
   2-17  rehabilitation of the defendant's drug or alcohol dependence
   2-18  condition.
   2-19        SECTION 3.  (a)  The change in law made by this Act applies
   2-20  only to an offense committed on or after the effective date of this
   2-21  Act.  For purposes of this section, an offense is committed before
   2-22  the effective date of this Act if any element of the offense occurs
   2-23  before the effective date.
   2-24        (b)  An offense committed before the effective date of this
   2-25  Act is covered by the law in effect when the offense was committed,
   2-26  and the former law is continued in effect for this purpose.
   2-27        SECTION 4.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended,
    3-5  and that this Act take effect and be in force from and after its
    3-6  passage, and it is so enacted.