By:  Shapiro                                           S.B. No. 853
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the penalty for an offense involving the operation of a
    1-2  motor vehicle, an aircraft, or a watercraft while intoxicated and
    1-3  while a child is present.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 49.09, Penal Code, is amended by adding
    1-6  Subsection (f) to read as follows:
    1-7        (f)  If it is shown on the trial of an offense under Section
    1-8  49.04, 49.05, or 49.06 that at the time of the offense a person
    1-9  younger than 17 years of age was present as a passenger in the
   1-10  motor vehicle, aircraft, or watercraft, the court shall impose a
   1-11  minimum term of continuous confinement that is not less than 30
   1-12  days.  This subsection does not apply to an offense under Section
   1-13  49.04, 49.05, or 49.06 that is enhanced under Subsection (b).
   1-14        SECTION 2.  (a)  This Act takes effect September 1, 1995.
   1-15        (b)  The change in law made by this Act applies only to an
   1-16  offense committed on or after that date.  An offense committed
   1-17  before the effective date of this Act is covered by the law in
   1-18  effect when the offense was committed, and the former law is
   1-19  continued in effect for that purpose.  For purposes of this
   1-20  section, an offense was committed before the effective date of this
   1-21  Act if any element of the offense occurred before that date.
   1-22        SECTION 3.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended.