By Nixon S.B. No. 916
75R4825 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment prescribed for the offense of
1-3 intoxication manslaughter.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.08(b), Penal Code, is amended to read
1-6 as follows:
1-7 (b) Except as otherwise provided by this subsection, an [An]
1-8 offense under this section is a felony of the second degree. An
1-9 offense under this section is a felony of the first degree if:
1-10 (1) the person has previously been convicted of an
1-11 offense relating to the operating of a motor vehicle while
1-12 intoxicated, an offense of operating an aircraft while intoxicated,
1-13 or an offense of operating a watercraft while intoxicated, as those
1-14 offenses are defined by Section 49.09; and
1-15 (2) the victim of the offense is a person younger than
1-16 15 years of age.
1-17 SECTION 2. This Act takes effect September 1, 1997. The
1-18 change in law made by this Act applies only to an offense committed
1-19 on or after September 1, 1997. An offense committed before
1-20 September 1, 1997, is covered by the law in effect when the offense
1-21 was committed, and the former law is continued in effect for that
1-22 purpose. For purposes of this section, an offense was committed
1-23 before September 1, 1997, if any element of the offense occurred
1-24 before that date.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.