By Hochberg H.B. No. 210
76R1653 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the standard of alcohol concentration used in defining
1-3 the term "intoxicated" for the purposes of certain offenses
1-4 involving intoxication.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 49.01(2), Penal Code, is amended to read
1-7 as follows:
1-8 (2) "Intoxicated" means:
1-9 (A) not having the normal use of mental or
1-10 physical faculties by reason of the introduction of alcohol, a
1-11 controlled substance, a drug, a dangerous drug, a combination of
1-12 two or more of those substances, or any other substance into the
1-13 body; or
1-14 (B) having an alcohol concentration of 0.08
1-15 [0.10] or more.
1-16 SECTION 2. The change in law made by this Act applies only
1-17 to an offense committed on or after the effective date of this Act.
1-18 An offense committed before the effective date of this Act is
1-19 covered by the law in effect when the offense was committed, and
1-20 the former law is continued in effect for that purpose. For
1-21 purposes of this section, an offense was committed before the
1-22 effective date of this Act if any element of the offense occurred
1-23 before the effective date.
1-24 SECTION 3. This Act takes effect September 1, 1999.
2-1 SECTION 4. 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.