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.