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.
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