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.