By Hochberg, Kamel, Kubiak                             H.B. No. 133

                                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.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 49.01(2), Penal Code, is amended to read

 1-6     as follows:

 1-7                 (2)  "Intoxicated" means:

 1-8                       (A)  not having the normal use of mental or

 1-9     physical faculties by reason of the introduction of alcohol, a

1-10     controlled substance, a drug, a dangerous drug, a combination of

1-11     two or more of those substances, or any other substance into the

1-12     body; or

1-13                       (B)  having an alcohol concentration of 0.08

1-14     [0.10] or more.

1-15           SECTION 2.  (a)  The change in law made by this Act applies

1-16     only to an offense committed on or after the effective date of this

1-17     Act.  For purposes of this section, an offense was committed before

1-18     the effective date of this Act if any element of the offense

1-19     occurred before the effective date.

1-20           (b)  An offense committed before the effective date of this

1-21     Act is covered by the law in effect when the offense was committed,

1-22     and the former law is continued in effect for that purpose.

1-23           SECTION 3.  This Act takes effect September 1, 1997.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.