By Allen                                               H.B. No. 314
         77R1702 JD-D                           
                                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. Sections 49.09(e) and (f), Penal Code, are amended
 1-6     to read as follows:
 1-7           (e)  Except as provided by Subsections (f) and (g), a [A]
 1-8     conviction may not be used for purposes of enhancement under this
 1-9     section if:
1-10                 (1)  the conviction was a final conviction under
1-11     Subsection (d) and was for an offense committed more than 10 years
1-12     before the offense for which the person is being tried was
1-13     committed; and
1-14                 (2)  the person has not been convicted of an offense
1-15     under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
1-16     offense related to operating a motor vehicle while intoxicated
1-17     committed within 10 years before the date on which the offense for
1-18     which the person is being tried was committed.
1-19           (f)  A conviction may be used for the purposes of enhancement
1-20     under this section regardless of when the conviction occurred if
1-21     the conviction was for an offense under:
1-22                 (1)  Section 49.08 involving the operation of a motor
1-23     vehicle; or
1-24                 (2)  Section 19.05(a)(2), as that law existed before
 2-1     September 1, 1994, involving the operation of a motor vehicle.
 2-2           (g)  If the offense for which the person is being tried is an
 2-3     offense under Section 49.04, a conviction may not be used for
 2-4     purposes of enhancement under this section if the conviction was a
 2-5     final conviction under Subsection (d) and the offense for which the
 2-6     person is being tried was committed more than 10 years before the
 2-7     latest of:
 2-8                 (1)  the date on which the previous offense was
 2-9     committed;
2-10                 (2)  the date on which the person was discharged from
2-11     any period of community supervision to which the person was placed
2-12     for the previous offense;
2-13                 (3)  the date on which the person successfully
2-14     completed any period of parole to which the person was released
2-15     after serving a portion of the term to which the person was
2-16     sentenced for the previous offense; or
2-17                 (4)  the date on which the person completed serving any
2-18     term to which the person was confined or imprisoned for the
2-19     previous offense.
2-20           (h)  A conviction may be used for purposes of enhancement
2-21     under this section or enhancement under Subchapter D, Chapter 12,
2-22     but not under both this section and Subchapter D.
2-23           SECTION 2. This Act takes effect September 1, 2001.