By West                                          H.B. No. 257

      75R2314 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the penalties for certain intoxication offenses.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  (a)  Section 49.04(b), Penal Code, is amended to

 1-5     read as follows:

 1-6           (b)  Except as provided by [Subsection (c) and] Section

 1-7     49.09, an offense under this section is a Class B misdemeanor, with

 1-8     a minimum term of confinement of 30 days [72 hours].

 1-9           (b)  Section 49.04(c), Penal Code, is repealed.

1-10           SECTION 2.  Section 49.05(b), Penal Code, is amended to read

1-11     as follows:

1-12           (b)  Except as provided by Section 49.09, an offense under

1-13     this section is a Class B misdemeanor, with a minimum term of

1-14     confinement of 30 days [72 hours].

1-15           SECTION 3.  Section 49.06(b), Penal Code, is amended to read

1-16     as follows:

1-17           (b)  Except as provided by Section 49.09, an offense under

1-18     this section is a Class B misdemeanor, with a minimum term of

1-19     confinement of 30 days [72 hours].

1-20           SECTION 4.  This Act takes effect September 1, 1997.  The

1-21     changes in law made by this Act apply only to an offense committed

1-22     on or after September 1, 1997.  An offense committed before

1-23     September 1, 1997, is covered by the law in effect when the offense

1-24     was committed, and the former law is continued in effect for that

 2-1     purpose.  For purposes of this section, an offense was committed

 2-2     before September 1, 1997, if any element of the offense occurred

 2-3     before that date.

 2-4           SECTION 5.  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.