1-1 By: Carona S.B. No. 650
1-2 (In the Senate - Filed February 23, 1999; February 24, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 12, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 12, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the definition of intoxicated for purposes of certain
1-9 offenses involving intoxication.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivision (2), Section 49.01, Penal Code, is
1-12 amended to read as follows:
1-13 (2) "Intoxicated" means:
1-14 (A) not having the normal use of mental or
1-15 physical faculties by reason of the introduction of alcohol, a
1-16 controlled substance, a drug, a dangerous drug, a combination of
1-17 two or more of those substances, or any other substance into the
1-18 body; or
1-19 (B) having an alcohol concentration of 0.08
1-20 [0.10] or more.
1-21 SECTION 2. (a) The change in law made by this Act applies
1-22 only to an offense committed on or after the effective date of this
1-23 Act. For purposes of this section, an offense is committed before
1-24 the effective date of this Act if any element of the offense occurs
1-25 before that date.
1-26 (b) An offense committed before the effective date of this
1-27 Act is covered by the law in effect when the offense was committed,
1-28 and the former law is continued in effect for that purpose.
1-29 SECTION 3. This Act takes effect September 1, 1999.
1-30 SECTION 4. The importance of this legislation and the
1-31 crowded condition of the calendars in both houses create an
1-32 emergency and an imperative public necessity that the
1-33 constitutional rule requiring bills to be read on three several
1-34 days in each house be suspended, and this rule is hereby suspended.
1-35 * * * * *