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 * * * * *