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.