By Berman                                              H.B. No. 274
         77R26 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution of and punishment for intoxication
 1-3     assault.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 49.07, Penal Code, is amended to read as
 1-6     follows:
 1-7           Sec. 49.07.  INTOXICATION ASSAULT.  (a)  A person commits an
 1-8     offense if the person, by accident or mistake:
 1-9                 (1)  while operating an aircraft, watercraft, or
1-10     amusement ride while intoxicated, or while operating a motor
1-11     vehicle in a public place while intoxicated, by reason of that
1-12     intoxication causes:
1-13                       (A)  serious bodily injury to another; or
1-14                       (B)  bodily injury to another who is a pregnant
1-15     woman and causes her to suffer a miscarriage or stillbirth; or
1-16                 (2)  as a result of assembling a mobile amusement ride
1-17     while intoxicated causes serious bodily injury to another.
1-18           (b)  In this section:
1-19                 (1)  "Miscarriage" means the interruption of the normal
1-20     development of a fetus, other than by a live birth, resulting in
1-21     the complete expulsion or extraction from a pregnant woman of a
1-22     product of human conception.
1-23                 (2)  "Serious[, "serious] bodily injury" means injury
1-24     that creates a substantial risk of death or that causes serious
 2-1     permanent disfigurement or protracted loss or impairment of the
 2-2     function of any bodily member or organ.
 2-3                 (3)  "Stillbirth" means the death of a fetus before the
 2-4     complete expulsion or extraction from its mother, regardless of the
 2-5     duration of the pregnancy, as manifested by the fact that after
 2-6     expulsion or extraction the fetus does not breathe spontaneously or
 2-7     show any other evidence of life such as heartbeat, pulsation of the
 2-8     umbilical cord, or definite movement of voluntary muscles.
 2-9           (c)  Except as provided by Subsection (d), an [An] offense
2-10     under this section is a felony of the third degree.
2-11           (d)  An offense under Subsection (a)(1)(B) is a felony of the
2-12     second degree.
2-13           SECTION 2.  The change in law made by this Act applies only
2-14     to an offense committed on or after the effective date of this Act.
2-15     An offense committed before the effective date of this Act is
2-16     covered by the law in effect when the offense was committed, and
2-17     the former law is continued in effect for that purpose.  For
2-18     purposes of this section, an offense was committed before the
2-19     effective date of this Act if any element of the offense occurred
2-20     before that date.
2-21           SECTION 3.  This Act takes effect September 1, 2001.