77R4339 JD-D                           
         By Allen                                               H.B. No. 314
         Substitute the following for H.B. No. 314:
         By Hinojosa                                        C.S.H.B. No. 314
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the enhanced penalties for certain intoxication
 1-3     offenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 49.09, Penal Code, is amended by amending
 1-6     Subsections (e) and (f) and adding Subsections (g) and (h) to read
 1-7     as follows:
 1-8           (e)  Except as provided by Subsections (f) and (g), a [A]
 1-9     conviction may not be used for purposes of enhancement under this
1-10     section if:
1-11                 (1)  the conviction was a final conviction under
1-12     Subsection (d) and was for an offense committed more than 10 years
1-13     before the offense for which the person is being tried was
1-14     committed; and
1-15                 (2)  the person has not been convicted of an offense
1-16     under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
1-17     offense related to operating a motor vehicle while intoxicated
1-18     committed within 10 years before the date on which the offense for
1-19     which the person is being tried was committed.
1-20           (f)  A conviction may be used for the purposes of enhancement
1-21     under this section regardless of when the conviction occurred if
1-22     the conviction was for an offense under:
1-23                 (1)  Section 49.08 involving the operation of a motor
1-24     vehicle; or
 2-1                 (2)  Section 19.05(a)(2), as that law existed before
 2-2     September 1, 1994, involving the operation of a motor vehicle.
 2-3           (g)  If the offense for which the person is being tried is an
 2-4     offense under Section 49.04, a conviction may be used for purposes
 2-5     of enhancement under this section only if the conviction was a
 2-6     final conviction under Subsection (d) and the offense for which the
 2-7     person is being tried was committed within 10 years of the latest
 2-8     of:
 2-9                 (1)  the date on which the previous offense was
2-10     committed;
2-11                 (2)  the date on which the person was discharged from
2-12     any period of community supervision to which the person was placed
2-13     for the previous offense;
2-14                 (3)  the date on which the person successfully
2-15     completed any period of parole to which the person was released
2-16     after serving a portion of the term to which the person was
2-17     sentenced for the previous offense; or
2-18                 (4)  the date on which the person completed serving any
2-19     term to which the person was confined or imprisoned for the
2-20     previous offense.
2-21           (h)  A conviction may be used for purposes of enhancement
2-22     under this section or enhancement under Subchapter D, Chapter 12,
2-23     but not under both this section and Subchapter D.
2-24           SECTION 2. This Act takes effect September 1, 2001.