1-1  By:  Shapiro                                           S.B. No. 853
    1-2        (In the Senate - Filed March 1, 1995; March 2, 1995, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  April 28, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 0; April 28, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 853                  By:  Shapiro
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the penalty for an offense involving the operation of a
   1-11  motor vehicle, an aircraft, or a watercraft while intoxicated and
   1-12  while a child is present.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 49.09, Penal Code, is amended by adding
   1-15  Subsection (f) to read as follows:
   1-16        (f)  If it is shown on the trial of an offense under Section
   1-17  49.04, 49.05, or 49.06 that at the time of the offense a person
   1-18  younger than 17 years of age was present as a passenger in the
   1-19  motor vehicle, aircraft, or watercraft, the court shall impose a
   1-20  minimum term of continuous confinement that is not less than 30
   1-21  days.  This subsection does not apply to an offense under Section
   1-22  49.04, 49.05, or 49.06 that is enhanced under Subsection (b).
   1-23        SECTION 2.  (a)  This Act takes effect September 1, 1995.
   1-24        (b)  The change in law made by this Act applies only to an
   1-25  offense committed on or after that date.  An offense committed
   1-26  before the effective date of this Act is covered by the law in
   1-27  effect when the offense was committed, and the former law is
   1-28  continued in effect for that purpose.  For purposes of this
   1-29  section, an offense was committed before the effective date of this
   1-30  Act if any element of the offense occurred before that date.
   1-31        SECTION 3.  The importance of this legislation and the
   1-32  crowded condition of the calendars in both houses create an
   1-33  emergency and an imperative public necessity that the
   1-34  constitutional rule requiring bills to be read on three several
   1-35  days in each house be suspended, and this rule is hereby suspended.
   1-36                               * * * * *