By:  Shapiro, Carona, Lucio                             S.B. No. 41
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to enhancement of the penalty for an offender who
 1-2     manufactures or delivers a controlled substance causing death or
 1-3     serious bodily injury.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 481, Health and Safety
 1-6     Code, is amended by adding Section 481.140 to read as follows:
 1-7           Sec. 481.140.  SERIOUS BODILY INJURY ENHANCEMENT.  (a)  If it
 1-8     is shown at the punishment phase of the trial of an offense under
 1-9     Section 481.112, 481.1121, 481.113, or 481.114 that a person
1-10     suffered serious bodily injury by reason of the introduction of the
1-11     controlled substance into the person's body, the punishment for the
1-12     offense is increased to the punishment prescribed for the next
1-13     highest category of the offense.  If the offense is a first degree
1-14     felony, the minimum term of confinement for the offense is
1-15     increased to 15 years.
1-16           (b)  Subsection (a) applies regardless of whether the
1-17     defendant delivered the controlled substance to the person who
1-18     suffered serious bodily injury or another person.
1-19           (c)  In this section, "serious bodily injury" has the meaning
1-20     assigned by Section 1.07(a)(46), Penal Code.
1-21           SECTION 2.  The change in law made by this Act applies only
1-22     to an offense committed on or after the effective date of this Act.
1-23     An offense committed before the effective date of this Act is
1-24     covered by the law in effect when the offense was committed, and
 2-1     the former law is continued in effect for that purpose.  For
 2-2     purposes of this section, an offense was committed before the
 2-3     effective date of this Act if any element of the offense occurred
 2-4     before that date.
 2-5           SECTION 3.  This Act takes effect September 1, 1999.
 2-6           SECTION 4.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended.