HBA-NIK H.B. 3261 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3261
By: McClendon
Corrections
3/21/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides the option for certain defendants charged under
Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, to
participate in a pretrial intervention program, which may mitigate charges
or sentencing.  H.B. 3261 prohibits defendants charged under Sections 49.04
(Driving While Intoxicated), 49.07 (Intoxication Assault) or 49.08
(Intoxication Manslaughter), from participating in a pretrial intervention
program.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 76.011, Government Code, by adding Subsection
(c), to prohibit a defendant charged with an offense under Sections 49.04
(Driving While Intoxicated), 49.07 (Intoxication Assault), 49.08
(Intoxication Manslaughter), Penal Code, from participating in a pretrial
intervention program. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.