By Smith, Homer, Hill, Dunnam, Kitchen,               H.B. No. 2250
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain criminal consequences of certain previous
 1-3     intoxication convictions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 49.09(a) and (b), Penal Code, are amended
 1-6     to read as follows:
 1-7           (a)  Except as provided by Subsection (b), [If it is shown on
 1-8     the trial of] an offense under Section 49.04, 49.05, 49.06, or
 1-9     49.065 is a Class A misdemeanor, with a minimum term of confinement
1-10     of 30 days, if it is shown on the trial of the offense that the
1-11     person has previously been convicted one time of an offense
1-12     relating to the operating of a motor vehicle while intoxicated, an
1-13     offense of operating an aircraft while intoxicated, an offense of
1-14     operating a watercraft while intoxicated, or an offense of
1-15     operating or assembling an amusement ride while intoxicated[, the
1-16     offense is a Class A misdemeanor, with a minimum term of
1-17     confinement of 30 days].
1-18           (b)  An [If it is shown on the trial of an] offense under
1-19     Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third
1-20     degree if it is shown on the trial of the offense that the person
1-21     has previously been convicted:
1-22                 (1)  one time of an offense under Section 49.08 or an
1-23     offense under the laws of another state if the offense contains
1-24     elements that are substantially similar to the elements of an
1-25     offense under Section 49.08; or
 2-1                 (2)  two times of any other [an] offense relating to
 2-2     the operating of a motor vehicle while intoxicated, [an offense of]
 2-3     operating an aircraft while intoxicated, [an offense of] operating
 2-4     a watercraft while intoxicated, or [an offense of] operating or
 2-5     assembling an amusement ride while intoxicated[, the offense is a
 2-6     felony of the third degree].
 2-7           SECTION 2.  Section 49.09, Penal Code, is amended by amending
 2-8     Subsections (e) and (f) and adding Subsections (g) and (h)  to read
 2-9     as follows:
2-10           (e)  Except as provided by Subsections (f) and (g), a [A]
2-11     conviction may not be used for purposes of enhancement under this
2-12     section if:
2-13                 (1)  the conviction was a final conviction under
2-14     Subsection (d) and was for an offense committed more than 10 years
2-15     before the offense for which the person is being tried was
2-16     committed; and
2-17                 (2)  the person has not been convicted of an offense
2-18     under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any
2-19     offense related to operating a motor vehicle while intoxicated
2-20     committed within 10 years before the date on which the offense for
2-21     which the person is being tried was committed.
2-22           (f)  A conviction may be used for the purposes of enhancement
2-23     under this section regardless of when the conviction occurred if
2-24     the conviction was for an offense under:
2-25                 (1)  Section 49.08 involving the operation of a motor
2-26     vehicle; or
2-27                 (2)  Section 19.05(a)(2), as that law existed before
 3-1     September 1, 1994, involving the operation of a motor vehicle.
 3-2           (g)  If the offense for which the person is being tried is an
 3-3     offense under Section 49.04, 49.05, 49.06, or 49.065, a conviction
 3-4     may be used for purposes of enhancement under this section only if
 3-5     the conviction was a final conviction under Subsection (d) and the
 3-6     offense for which the person is being tried was committed within 10
 3-7     years of the latest of:
 3-8                 (1)  the date on which the previous offense was
 3-9     committed;
3-10                 (2)  the date on which the person was discharged from
3-11     any period of community supervision to which the person was placed
3-12     for the previous offense;
3-13                 (3)  the date on which the person successfully
3-14     completed any period of parole to which the person was released
3-15     after serving a portion of the term to which the person was
3-16     sentenced for the previous offense; or
3-17                 (4)  the date on which the person completed serving any
3-18     term to which the person was confined or imprisoned for the
3-19     previous offense.
3-20           (h)  A conviction may be used for purposes of enhancement
3-21     under this section or enhancement under Subchapter D, Chapter 12,
3-22     but not under both this section and Subchapter D.
3-23           SECTION 3. The change in law made by this Act applies only to
3-24     an offense committed on or after the effective date of this Act.
3-25     An offense committed before the effective date of this Act is
3-26     covered by the law in effect when the offense was committed, and
3-27     the former law is continued in effect for that purpose.  For
 4-1     purposes of this section, an offense was committed before the
 4-2     effective date of this Act if any element of the offense occurred
 4-3     before that date.
 4-4           SECTION 4. This Act takes effect September 1, 2001.