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.