Amend CSHB 3555 By Wilson by adding the following and
renumbering accordingly:
      SECTION 1.  Section 49.09, Penal Code, is amended to read as
follows:
      Sec. 49.09. ENHANCED OFFENSES AND PENALTIES.  (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.
      SECTION 2.  Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.39 to read as follows:
      Art. 38.39. DWI VIDEOTAPES.  (a) A person arrested for an
offense under Section 49.04, 49.07, or 49.08, Penal Code, must be
videotaped if the county in which the person is arrested is
required to maintain videotaping equipment.
      (b) Each county with a population of 25,000 or more shall
purchase and maintain electronic devices capable of visually
recording a person arrested in the county for an offense under
Section 49.04, 49.07, or 49.08, Penal Code.
      (c) A videotape made under this article must be maintained
until the final disposition of any proceeding against the defendant
relating to the arrest and must be made available to any attorney
representing the defendant during the period it is maintained.
      (d) If a videotape of a defendant is not made as required by
this article:
            (1) the results of an analysis of a specimen are
inadmissible in a subsequent proceeding if the person consented to
the taking of the specimen of the person's blood or breath; or
            (2) the person's refusal is inadmissible in a
subsequent proceeding if the person refused to consent to the
taking of a specimen of the person's blood or breath.
      SECTION 3.  Section 724.048, Transportation Code, is amended
to read as follows:
      Sec. 724.048.  RELATIONSHIP OF ADMINISTRATIVE PROCEEDING TO
CRIMINAL PROCEEDING. <(a) The determination of the department or
administrative law judge:>
            <(1) is a civil matter;>
            <(2) is independent of and is not an estoppel as to any
matter in issue in an adjudication of a criminal charge arising
from the occurence that is the basis for the suspension or denial;
and>
            <(3) does not preclude litigation of the same or
similar facts in a criminal prosecution.>
      <(b) Except as provided by Subsection (c), the disposition of
a criminal charge does not affect a license suspension or denial
under this chapter and is not an estoppel as to any matter in issue
in a suspension or denial proceeding under this chapter.>
      <(c)> If a criminal charge arising from the same arrest as a
suspension under this chapter results in an aquittal, the
suspension under this chapter may not be imposed.  If a suspension
under this chapter has already been imposed, the department shall
rescind the suspension and remove references to the suspension from
the computerized driving record of the individual.