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