By Solomons H.B. No. 637
75R490 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enhancement of the penalty for certain offenses
1-3 involving intoxication.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.02, Penal Code, is amended by amending
1-6 Subsection (c) and adding Subsection (e) to read as follows:
1-7 (c) An offense under this section is a Class C misdemeanor,
1-8 except as provided by Subsection (e).
1-9 (e) An offense under this section is a Class B misdemeanor
1-10 if:
1-11 (1) the public place is a place where:
1-12 (A) at the time of the commission of the
1-13 offense, one or more swimmers were present; or
1-14 (B) watercraft are commonly operated; and
1-15 (2) at the time of the commission of the offense, a
1-16 person younger than 17 years of age over whom the actor had
1-17 supervisory responsibility was present.
1-18 SECTION 2. Section 49.06, Penal Code, is amended by amending
1-19 Subsection (b) and adding Subsection (c) to read as follows:
1-20 (b) Except as provided by Subsection (c) and Section 49.09,
1-21 an offense under this section is a Class B misdemeanor, with a
1-22 minimum term of confinement of 72 hours.
1-23 (c) An offense under this section is a Class A misdemeanor
1-24 if, at the time of the commission of the offense, a person younger
2-1 than 17 years of age over whom the actor had supervisory
2-2 responsibility was in the watercraft.
2-3 SECTION 3. Section 49.07, Penal Code, is amended by amending
2-4 Subsection (c) and adding Subsection (d) to read as follows:
2-5 (c) An offense under this section is a felony of the third
2-6 degree, except as provided by Subsection (d).
2-7 (d) An offense under this section is a felony of the second
2-8 degree if:
2-9 (1) the offense involves the operation of a
2-10 watercraft;
2-11 (2) the public place is a place where:
2-12 (A) at the time of the commission of the
2-13 offense, one or more swimmers were present; or
2-14 (B) watercraft are commonly operated; and
2-15 (3) at the time of the commission of the offense, a
2-16 person younger than 17 years of age over whom the actor had
2-17 supervisory responsibility was present.
2-18 SECTION 4. Section 49.08, Penal Code, is amended by amending
2-19 Subsection (b) and adding Subsection (c) to read as follows:
2-20 (b) An offense under this section is a felony of the second
2-21 degree, except as provided by Subsection (c).
2-22 (c) An offense under this section is a felony of the first
2-23 degree if:
2-24 (1) the offense involves the operation of a
2-25 watercraft;
2-26 (2) the public place is a place where:
2-27 (A) at the time of the commission of the
3-1 offense, one or more swimmers were present; or
3-2 (B) watercraft are commonly operated; and
3-3 (3) at the time of the commission of the offense, a
3-4 person younger than 17 years of age over whom the actor had
3-5 supervisory responsibility was present.
3-6 SECTION 5. This Act takes effect September 1, 1997. The
3-7 change in law made by this Act applies only to an offense committed
3-8 on or after September 1, 1997. An offense committed before
3-9 September 1, 1997, is covered by the law in effect when the offense
3-10 was committed, and the former law is continued in effect for that
3-11 purpose. For purposes of this section, an offense was committed
3-12 before September 1, 1997, if any element of the offense occurred
3-13 before that date.
3-14 SECTION 6. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.