By Dunnam H.B. No. 3489
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of certain offenses relating to the
1-3 operating of a motor vehicle or a watercraft while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 49.09(a) and (b), Penal Code, are
1-6 amended to read as follows:
1-7 (a) If it is shown at [on] the punishment phase of the trial
1-8 of an offense under Section 49.04, 49.05, or 49.06 that the person
1-9 has previously been convicted one time of an offense relating to
1-10 the operating of a motor vehicle while intoxicated, an offense of
1-11 operating an aircraft while intoxicated, or an offense of operating
1-12 a watercraft while intoxicated, the offense is a Class A
1-13 misdemeanor, with a minimum term of confinement of 30 days.
1-14 (b) If it is shown at [on] the punishment phase of the trial
1-15 of an offense under Section 49.04, 49.05, or 49.06 that the person
1-16 has previously been convicted two times of an offense relating to
1-17 the operating of a motor vehicle while intoxicated, an offense of
1-18 operating an aircraft while intoxicated, or an offense of operating
1-19 a watercraft while intoxicated, the offense is a felony of the
1-20 third degree.
1-21 SECTION 2. Section 724.048, Transportation Code, is amended
1-22 to read as follows:
1-23 Sec. 724.048. RELATIONSHIP OF ADMINISTRATIVE PROCEEDING TO
1-24 CRIMINAL PROCEEDING. [(a) The determination of the department or
2-1 administrative law judge:]
2-2 [(1) is a civil matter;]
2-3 [(2) is independent of and is not an estoppel as to
2-4 any matter in issue in an adjudication of a criminal charge arising
2-5 from the occurrence that is the basis for the suspension or denial;
2-6 and]
2-7 [(3) does not preclude litigation of the same or
2-8 similar facts in a criminal prosecution.]
2-9 [(b) Except as provided by Subsection (c), the disposition
2-10 of a criminal charge does not affect a license suspension or denial
2-11 under this chapter and is not an estoppel as to any matter in issue
2-12 in a suspension or denial proceeding under this chapter.]
2-13 [(c)] If a criminal charge arising from the same arrest as a
2-14 suspension under this chapter results in an acquittal, the
2-15 suspension under this chapter may not be imposed. If a suspension
2-16 under this chapter has already been imposed, the department shall
2-17 rescind the suspension and remove references to the suspension from
2-18 the computerized driving record of the individual.
2-19 SECTION 3. (a) The change in law made by this Act applies
2-20 only to an offense committed on or after the effective date of this
2-21 Act. For purposes of this section, an offense is committed before
2-22 the effective date of this Act if any element of the offense occurs
2-23 before the effective date.
2-24 (b) An offense committed before the effective date of this
2-25 Act is covered by the law in effect when the offense was committed,
2-26 and the former law is continued in effect for that purpose.
2-27 SECTION 4. This Act takes effect September 1, 1999.
3-1 SECTION 5. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.