Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Hochberg                                      H.B. No. 132

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the standard of alcohol concentration used in defining

 1-3     the offense of driving while intoxicated for persons younger than

 1-4     21 years of age.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 49.01(2), Penal Code, is amended to read

 1-7     as follows:

 1-8                 (2)  "Intoxicated" means:

 1-9                       (A)  not having the normal use of mental or

1-10     physical faculties by reason of the introduction of alcohol, a

1-11     controlled substance, a drug, a dangerous drug, a combination of

1-12     two or more of those substances, or any other substance into the

1-13     body; or

1-14                       (B)  having an alcohol concentration of:

1-15                             (i)  0.10 or more if the actor is 21 years

1-16     of age or older; or

1-17                             (ii)  0.02 or more if the actor is younger

1-18     than 21 years of age.

1-19           SECTION 2.  (a)  The change in law made by this Act applies

1-20     only to an offense committed on or after the effective date of this

1-21     Act.  For purposes of this section, an offense was committed before

1-22     the effective date of this Act if any element of the offense

1-23     occurred before the effective date.

1-24           (b)  An offense committed before the effective date of this

 2-1     Act is covered by the law in effect when the offense was committed,

 2-2     and the former law is continued in effect for that purpose.

 2-3           SECTION 3.  This Act takes effect September 1, 1997.

 2-4           SECTION 4.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.