By Morrison                                           H.B. No. 1699
         77R6906 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the enhancement of 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 49.04, Penal Code, is amended by amending
 1-6     Subsection (b) and adding Subsection (d) to read as follows:
 1-7           (b)  Except as provided by Subsections [Subsection] (c) and
 1-8     (d) and Section 49.09, an offense under this section is a Class B
 1-9     misdemeanor, with a minimum term of confinement of 72 hours.
1-10           (d)  If it is shown on the trial of an offense under this
1-11     section that at the time of the offense the person was operating
1-12     the motor vehicle with a passenger younger than 14 years of age in
1-13     the vehicle, the offense is a Class A misdemeanor, with a minimum
1-14     term of confinement of 30 days.
1-15           SECTION 2.  Section 49.05, Penal Code, is amended by amending
1-16     Subsection (b) and adding Subsection (c) to read as follows:
1-17           (b)  Except as provided by Subsection (c) and Section 49.09,
1-18     an offense under this section is a Class B misdemeanor, with a
1-19     minimum term of confinement of 72 hours.
1-20           (c)  If it is shown on the trial of an offense under this
1-21     section that at the time of the offense the person was operating
1-22     the aircraft with a passenger younger than 14 years of age in the
1-23     aircraft, the offense is a Class A misdemeanor, with a minimum term
1-24     of confinement of 30 days.
 2-1           SECTION 3.  Section 49.06, Penal Code, is amended by amending
 2-2     Subsection (b) and adding Subsection (c) to read as follows:
 2-3           (b)  Except as provided by Subsection (c) and Section 49.09,
 2-4     an offense under this section is a Class B misdemeanor, with a
 2-5     minimum term of confinement of 72 hours.
 2-6           (c)  If it is shown on the trial of an offense under this
 2-7     section that at the time of the offense the person was operating
 2-8     the watercraft with a passenger younger than 14 years of age on the
 2-9     watercraft, the offense is a Class A misdemeanor, with a minimum
2-10     term of confinement of 30 days.
2-11           SECTION 4.  (a)  The change in law made by this Act applies
2-12     only to an offense committed on or after the effective date of this
2-13     Act.  For purposes of this section, an offense is committed before
2-14     the effective date of this Act if any element of the offense occurs
2-15     before that date.
2-16           (b)  An offense committed before the effective date of this
2-17     Act is covered by the law in effect when the offense was committed,
2-18     and the former law is continued in effect for that purpose.
2-19           SECTION 5.  This Act takes effect September 1, 2001.