1-1 By: Gallegos, Ogden, Shapleigh, Carona S.B. No. 114
1-2 (In the Senate - Filed December 22, 1998; January 28, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 15, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 15, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the standard of alcohol concentration used in defining
1-9 the term "intoxicated" for the purposes of certain offenses
1-10 involving intoxication.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivision (2), Section 49.01, Penal Code, is
1-13 amended to read as follows:
1-14 (2) "Intoxicated" means:
1-15 (A) not having the normal use of mental or
1-16 physical faculties by reason of the introduction of alcohol, a
1-17 controlled substance, a drug, a dangerous drug, a combination of
1-18 two or more of those substances, or any other substance into the
1-19 body; or
1-20 (B) having an alcohol concentration of 0.08
1-21 [0.10] or more.
1-22 SECTION 2. The change in law made by this Act applies only
1-23 to an offense committed on or after the effective date of this Act.
1-24 An offense committed before the effective date of this Act is
1-25 covered by the law in effect when the offense was committed, and
1-26 the former law is continued in effect for that purpose. For
1-27 purposes of this section, an offense was committed before the
1-28 effective date of this Act if any element of the offense occurred
1-29 before the effective date.
1-30 SECTION 3. This Act takes effect September 1, 1999.
1-31 SECTION 4. The importance of this legislation and the
1-32 crowded condition of the calendars in both houses create an
1-33 emergency and an imperative public necessity that the
1-34 constitutional rule requiring bills to be read on three several
1-35 days in each house be suspended, and this rule is hereby suspended.
1-36 * * * * *