By Alexander                                           H.B. No. 966
         76R2906 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the length of confinement in jail as a condition of
 1-3     community supervision for certain intoxication offenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 13(a) and (b), Article 42.12, Code of
 1-6     Criminal Procedure, are amended to read as follows:
 1-7           (a)  A judge granting community supervision to a defendant
 1-8     convicted of an offense under Chapter 49, Penal Code, shall require
 1-9     as a condition of community supervision that the defendant submit
1-10     to:
1-11                 (1)  not less than 72 hours [three days] of continuous
1-12     confinement in county jail if the defendant was punished under
1-13     Section 49.09(a); not less than 10 days of continuous confinement
1-14     in county jail if the defendant was punished under Section 49.09(b)
1-15     [or (c)]; or not less than 30 days of continuous confinement in
1-16     county jail if the defendant was convicted under Section 49.07; and
1-17                 (2)  an evaluation by a supervision officer or by a
1-18     person, program, or facility approved by the Texas Commission on
1-19     Alcohol and Drug Abuse for the purpose of having the facility
1-20     prescribe and carry out a course of conduct necessary for the
1-21     rehabilitation of the defendant's drug or alcohol dependence
1-22     condition.
1-23           (b)  A judge granting community supervision to a defendant
1-24     convicted of an offense under Section 49.08, Penal Code, shall
 2-1     require as a condition of community supervision that the defendant
 2-2     submit to a period of continuous confinement of not less than 120
 2-3     days.
 2-4           SECTION 2.  The change in law made by this Act applies only
 2-5     to an offense committed on or after the effective date of this Act.
 2-6     An offense committed before the effective date of this Act is
 2-7     covered by the law in effect when the offense was committed, and
 2-8     the former law is continued in effect for that purpose.  For
 2-9     purposes of this section, an offense was committed before the
2-10     effective date of this Act if any element of the offense occurred
2-11     before that date.
2-12           SECTION 3.  This Act takes effect September 1, 1999.
2-13           SECTION 4.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended.