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.