By Bivins                                              S.B. No. 493
       74R5121 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain intoxication offenses; providing for the
    1-3  enhancement of penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 49.09(c), (d), and (e), Penal Code, are
    1-6  amended to read as follows:
    1-7        (c)  For the purposes of this section:
    1-8              (1)  "Offense relating to the driving or operating of a
    1-9  motor vehicle while intoxicated" means:
   1-10                    (A)  an offense under Section 49.04;
   1-11                    (B)  an offense under Section 49.07 or 49.08, if
   1-12  the vehicle operated was a motor vehicle;
   1-13                    (C)  an offense under Article 6701l-1, Revised
   1-14  Statutes, as that law existed before September 1, 1994;
   1-15                    (D) <(C)>  an offense under Article 6701l-2,
   1-16  Revised Statutes, as that law existed before January 1, 1984;
   1-17                    (E)  an offense under Section 19.05(a)(2), as
   1-18  that law existed before September 1, 1994, if the vehicle operated
   1-19  was a motor vehicle; or
   1-20                    (F) <(D)>  an offense under the laws of another
   1-21  state that prohibit the operation of a motor vehicle while
   1-22  intoxicated.
   1-23              (2)  "Offense of operating an aircraft while
   1-24  intoxicated" means:
    2-1                    (A)  an offense under Section 49.05;
    2-2                    (B)  an offense under Section 49.07 or 49.08, if
    2-3  the vehicle operated was an aircraft;
    2-4                    (C)  an offense under Section 1, Chapter 46, Acts
    2-5  of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
    2-6  Vernon's Texas Civil Statutes), as that law existed before
    2-7  September 1, 1994;
    2-8                    (D)  an offense under Section 19.05(a)(2), as
    2-9  that law existed before September 1, 1994, if the vehicle operated
   2-10  was an aircraft; or
   2-11                    (E) <(C)>  an offense under the laws of another
   2-12  state that prohibit the operation of an aircraft while intoxicated.
   2-13              (3)  "Offense of operating a watercraft while
   2-14  intoxicated" means:
   2-15                    (A)  an offense under Section 49.06;
   2-16                    (B)  an offense under Section 49.07 or 49.08, if
   2-17  the vehicle operated was a watercraft;
   2-18                    (C)  an offense under Section 31.097, Parks and
   2-19  Wildlife Code, as that law existed before September 1, 1994;
   2-20                    (D)  an offense under Section 19.05(a)(2), as
   2-21  that law existed before September 1, 1994, if the vehicle operated
   2-22  was a watercraft; or
   2-23                    (E) <(C)>  an offense under the laws of another
   2-24  state that prohibit the operation of a watercraft while
   2-25  intoxicated.
   2-26        (d)  For the purposes of this section, a conviction for an
   2-27  offense under Section 49.04, 49.05, <or> 49.06, 49.07, or 49.08
    3-1  that occurs on or after September 1, 1994, is a final conviction,
    3-2  whether the sentence for the conviction is imposed or probated.
    3-3        (e)  A conviction may not be used for purposes of enhancement
    3-4  under this section if:
    3-5              (1)  the conviction was a final conviction under
    3-6  Subsection (d) <(e)> and was for an offense committed more than 10
    3-7  years before the offense for which the person is being tried was
    3-8  committed; and
    3-9              (2)  the person has not been convicted of an offense
   3-10  under Section 49.04, 49.05, <or> 49.06, 49.07, or 49.08 or any
   3-11  offense related to driving or operating  a motor vehicle while
   3-12  intoxicated committed within 10 years before the date on which the
   3-13  offense for which the person is being tried was committed.
   3-14        SECTION 2.  (a)  The change in law made by this Act applies
   3-15  only to an offense committed on or after the effective date of this
   3-16  Act.  For purposes of this section,  an offense is committed before
   3-17  the effective date of this Act if any element of the offense occurs
   3-18  before that date.
   3-19        (b)  An offense committed before the effective date of this
   3-20  Act is covered by the law in effect when the offense was committed,
   3-21  and the former law is continued in effect for that purpose.
   3-22        SECTION 3.  This Act takes effect September 1, 1995.
   3-23        SECTION 4.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended.