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.