Amend CSHB 3489 by striking SECTION 1 of the bill and
substituting the following:
      SECTION 1.  Sections 49.09(a) and (b), Penal Code, are
amended to read as follows:
      (a)  If it is shown at <on> the punishment phase of the trial
of an offense under Section 49.04, 49.05, or 49.06 that the person
has previously been convicted one time of an offense relating to
the operating of a motor vehicle while intoxicated, an offense of
operating an aircraft while intoxicated, or an offense of operating
a watercraft while intoxicated, the offense is a Class A
misdemeanor, with a minimum term of confinement of 30 days.
      (b)  If it is shown at <on> the punishment phase of the trial
of an offense under Section 49.04, 49.05, or 49.06 that the person
has previously been convicted two times of an offense relating to
the operating of a motor vehicle while intoxicated, an offense of
operating an aircraft while intoxicated, or an offense of operating
a watercraft while intoxicated, the offense is a felony of the
third degree.