SRC-JBJ H.B. 2250 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2250
By: Smith (Moncrief)
Criminal Justice
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, in order to be charged with the offense of felony
driving, flying, boating, or assembling or operating an amusement ride
while intoxicated a person must have received two prior convictions for
offenses relating to the operating of a motor vehicle, aircraft,
watercraft, or assembling or operating an amusement ride, while
intoxicated.  H.B. 2250 provides that if a person has caused the death of
another individual by driving, flying, boating, or assembling or operating
an amusement ride while intoxicated, the person's next related offense is a
felony and not a second misdemeanor.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 49.09(a) and (b), Penal Code, to provide that,
except as provided by Subsection (b), an offense under Section 49.04,
49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of
confinement of 30 days, if it is shown on the trial of the offense that the
person has previously been convicted one time of an offense relating to the
operating of a motor vehicle while intoxicated, an offense of operating an
aircraft while intoxicated, an offense of operating a watercraft while
intoxicated, or an offense of operating or assembling an amusement ride
while intoxicated.  Provides that an offense under Section 49.04, 49.05,
49.06, or 49.065 is a felony of the third degree if it is shown on the
trial of the offense that the person has previously been convicted of a
certain number of certain offenses under certain conditions. 
  
SECTION 2.  Amends Section 49.09, Penal Code, by amending Subsections (e)
and (f) and adding Subsections (g) and (h), as follows: 

 (e)  Adds exceptions as provided by Subsections (f) and (g).

(f)  Authorizes a conviction to be used for the purposes of enhancement
under this section regardless of when the conviction occurred if the
conviction was for an offense under certain provisions. 

(g)  Authorizes a conviction, if the offense for which the person is being
tried is an offense under Section 49.04, 49.05, 49.06, or 49.065, to be
used for purposes of enhancement under this section only if the conviction
was a final conviction under Subsection (d) and the offense for which the
person is being tried was committed within 10 years of the latest of
certain calculated dates. 

 (h)  Reletters existing text of Subsection (f) as Subsection (h).

SECTION 3.  Makes application of this Act prospective.

 SECTION 4.  Effective date: September 1, 2001.