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.