1-1 By: Bivins S.B. No. 493
1-2 (In the Senate - Filed February 7, 1995; February 8, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 4, 1995, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; April 4, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain intoxication offenses; providing for the
1-9 enhancement of penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections (c), (d), and (e), Section 49.09,
1-12 Penal Code, are amended to read as follows:
1-13 (c) For the purposes of this section:
1-14 (1) "Offense relating to the driving or operating of a
1-15 motor vehicle while intoxicated" means:
1-16 (A) an offense under Section 49.04;
1-17 (B) an offense under Section 49.07 or 49.08, if
1-18 the vehicle operated was a motor vehicle;
1-19 (C) an offense under Article 6701l-1, Revised
1-20 Statutes, as that law existed before September 1, 1994;
1-21 (D) <(C)> an offense under Article 6701l-2,
1-22 Revised Statutes, as that law existed before January 1, 1984;
1-23 (E) an offense under Section 19.05(a)(2), as
1-24 that law existed before September 1, 1994, if the vehicle operated
1-25 was a motor vehicle; or
1-26 (F) <(D)> an offense under the laws of another
1-27 state that prohibit the operation of a motor vehicle while
1-28 intoxicated.
1-29 (2) "Offense of operating an aircraft while
1-30 intoxicated" means:
1-31 (A) an offense under Section 49.05;
1-32 (B) an offense under Section 49.07 or 49.08, if
1-33 the vehicle operated was an aircraft;
1-34 (C) an offense under Section 1, Chapter 46, Acts
1-35 of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
1-36 Vernon's Texas Civil Statutes), as that law existed before
1-37 September 1, 1994;
1-38 (D) an offense under Section 19.05(a)(2), as
1-39 that law existed before September 1, 1994, if the vehicle operated
1-40 was an aircraft; or
1-41 (E) <(C)> an offense under the laws of another
1-42 state that prohibit the operation of an aircraft while intoxicated.
1-43 (3) "Offense of operating a watercraft while
1-44 intoxicated" means:
1-45 (A) an offense under Section 49.06;
1-46 (B) an offense under Section 49.07 or 49.08, if
1-47 the vehicle operated was a watercraft;
1-48 (C) an offense under Section 31.097, Parks and
1-49 Wildlife Code, as that law existed before September 1, 1994;
1-50 (D) an offense under Section 19.05(a)(2), as
1-51 that law existed before September 1, 1994, if the vehicle operated
1-52 was a watercraft; or
1-53 (E) <(C)> an offense under the laws of another
1-54 state that prohibit the operation of a watercraft while
1-55 intoxicated.
1-56 (d) For the purposes of this section, a conviction for an
1-57 offense under Section 49.04, 49.05, <or> 49.06, 49.07, or 49.08
1-58 that occurs on or after September 1, 1994, is a final conviction,
1-59 whether the sentence for the conviction is imposed or probated.
1-60 (e) A conviction may not be used for purposes of enhancement
1-61 under this section if:
1-62 (1) the conviction was a final conviction under
1-63 Subsection (d) <(e)> and was for an offense committed more than 10
1-64 years before the offense for which the person is being tried was
1-65 committed; and
1-66 (2) the person has not been convicted of an offense
1-67 under Section 49.04, 49.05, <or> 49.06, 49.07, or 49.08 or any
1-68 offense related to driving or operating a motor vehicle while
2-1 intoxicated committed within 10 years before the date on which the
2-2 offense for which the person is being tried was committed.
2-3 SECTION 2. (a) The change in law made by this Act applies
2-4 only to an offense committed on or after the effective date of this
2-5 Act. For purposes of this section, an offense is committed before
2-6 the effective date of this Act if any element of the offense occurs
2-7 before that date.
2-8 (b) An offense committed before the effective date of this
2-9 Act is covered by the law in effect when the offense was committed,
2-10 and the former law is continued in effect for that purpose.
2-11 SECTION 3. This Act takes effect September 1, 1995.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.
2-17 * * * * *