By: Bivins S.B. No. 493
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain intoxication offenses; providing for the
1-2 enhancement of penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (c), (d), and (e), Section 49.09,
1-5 Penal Code, are amended to read as follows:
1-6 (c) For the purposes of this section:
1-7 (1) "Offense relating to the driving or operating of a
1-8 motor vehicle while intoxicated" means:
1-9 (A) an offense under Section 49.04;
1-10 (B) an offense under Section 49.07 or 49.08, if
1-11 the vehicle operated was a motor vehicle;
1-12 (C) an offense under Article 6701l-1, Revised
1-13 Statutes, as that law existed before September 1, 1994;
1-14 (D) <(C)> an offense under Article 6701l-2,
1-15 Revised Statutes, as that law existed before January 1, 1984;
1-16 (E) an offense under Section 19.05(a)(2), as
1-17 that law existed before September 1, 1994, if the vehicle operated
1-18 was a motor vehicle; or
1-19 (F) <(D)> an offense under the laws of another
1-20 state that prohibit the operation of a motor vehicle while
1-21 intoxicated.
1-22 (2) "Offense of operating an aircraft while
1-23 intoxicated" means:
1-24 (A) an offense under Section 49.05;
2-1 (B) an offense under Section 49.07 or 49.08, if
2-2 the vehicle operated was an aircraft;
2-3 (C) an offense under Section 1, Chapter 46, Acts
2-4 of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
2-5 Vernon's Texas Civil Statutes), as that law existed before
2-6 September 1, 1994;
2-7 (D) an offense under Section 19.05(a)(2), as
2-8 that law existed before September 1, 1994, if the vehicle operated
2-9 was an aircraft; or
2-10 (E) <(C)> an offense under the laws of another
2-11 state that prohibit the operation of an aircraft while intoxicated.
2-12 (3) "Offense of operating a watercraft while
2-13 intoxicated" means:
2-14 (A) an offense under Section 49.06;
2-15 (B) an offense under Section 49.07 or 49.08, if
2-16 the vehicle operated was a watercraft;
2-17 (C) an offense under Section 31.097, Parks and
2-18 Wildlife Code, as that law existed before September 1, 1994;
2-19 (D) an offense under Section 19.05(a)(2), as
2-20 that law existed before September 1, 1994, if the vehicle operated
2-21 was a watercraft; or
2-22 (E) <(C)> an offense under the laws of another
2-23 state that prohibit the operation of a watercraft while
2-24 intoxicated.
2-25 (d) For the purposes of this section, a conviction for an
2-26 offense under Section 49.04, 49.05, <or> 49.06, 49.07, or 49.08
2-27 that occurs on or after September 1, 1994, is a final conviction,
3-1 whether the sentence for the conviction is imposed or probated.
3-2 (e) A conviction may not be used for purposes of enhancement
3-3 under this section if:
3-4 (1) the conviction was a final conviction under
3-5 Subsection (d) <(e)> and was for an offense committed more than 10
3-6 years before the offense for which the person is being tried was
3-7 committed; and
3-8 (2) the person has not been convicted of an offense
3-9 under Section 49.04, 49.05, <or> 49.06, 49.07, or 49.08 or any
3-10 offense related to driving or operating a motor vehicle while
3-11 intoxicated committed within 10 years before the date on which the
3-12 offense for which the person is being tried was committed.
3-13 SECTION 2. (a) The change in law made by this Act applies
3-14 only to an offense committed on or after the effective date of this
3-15 Act. For purposes of this section, an offense is committed before
3-16 the effective date of this Act if any element of the offense occurs
3-17 before that date.
3-18 (b) An offense committed before the effective date of this
3-19 Act is covered by the law in effect when the offense was committed,
3-20 and the former law is continued in effect for that purpose.
3-21 SECTION 3. This Act takes effect September 1, 1995.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.