SRC- BWC, MWN S.B. 59 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 59
77R1490(1) JDBy: Zaffirini
Jurisprudence
4/11/2001
As Filed


DIGEST AND PURPOSE 

According to a Centers for Disease Control and Prevention (CDC) analysis,
most young victims of alcohol-related crashes are passengers in the
intoxicated drivers' vehicle, rather than victims of intoxicated drivers in
other vehicles.  The CDC study indicated that the drunken drivers were not
teenagers, but adults old enough to be the parents or caregivers of the
children who died in their vehicles.  CDC recommends that drivers who have
children in the vehicle be subject to a lower bloodalcohol limit, which
currently is .08.  As proposed, S.B. 59 lowers the allowable blood alcohol
level to .06 for a person operating a motor vehicle when a person younger
than 14 is a passenger. 

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 Section 49.01(2), Penal Code, to redefine "intoxicated."
Provides that "intoxicated" means having an alcohol concentration of 0.06
or more, if the actor is operating a motor vehicle and a person younger
than 14 is a passenger in the vehicle. Makes nonsubstantive changes. 

SECTION 2. Effective date: September 1, 2001.
                      Makes application of this Act prospective.