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.