By Hochberg, Raymond, et al H.B. No. 115
74R1210 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the standard of alcohol concentration used in defining
1-3 the offense of driving while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.01(2), Penal Code, is amended to read
1-6 as follows:
1-7 (2) "Intoxicated" means:
1-8 (A) not having the normal use of mental or
1-9 physical faculties by reason of the introduction of alcohol, a
1-10 controlled substance, a drug, a dangerous drug, a combination of
1-11 two or more of those substances, or any other substance into the
1-12 body; or
1-13 (B) having an alcohol concentration of:
1-14 (i) 0.02 <0.10> or more if the actor is
1-15 younger than 21 years of age; or
1-16 (ii) 0.08 or more if the actor is 21 years
1-17 of age or older.
1-18 SECTION 2. (a) The change in law made by this Act applies
1-19 only to an offense committed on or after the effective date of this
1-20 Act. For purposes of this section, an offense was committed before
1-21 the effective date of this Act if any element of the offense
1-22 occurred before the effective date.
1-23 (b) An offense committed before the effective date of this
1-24 Act is covered by the law in effect when the offense was committed,
2-1 and the former law is continued in effect for that purpose.
2-2 SECTION 3. This Act takes effect September 1, 1995.
2-3 SECTION 4. 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.