By Smith, Homer, Hill, Dunnam, Kitchen, et al. H.B. No. 2250
77R5609 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain criminal consequences of a previous
1-3 intoxication manslaughter conviction.
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
2-1 offense under Section 49.08; or
2-2 (2) two times of any other [an] offense relating to
2-3 the operating of a motor vehicle while intoxicated, [an offense of]
2-4 operating an aircraft while intoxicated, [an offense of] operating
2-5 a watercraft while intoxicated, or [an offense of] operating or
2-6 assembling an amusement ride while intoxicated[, the offense is a
2-7 felony of the third degree].
2-8 SECTION 2. The change in law made by this Act applies only to
2-9 an offense committed on or after the effective date of this Act.
2-10 An offense committed before the effective date of this Act is
2-11 covered by the law in effect when the offense was committed, and
2-12 the former law is continued in effect for that purpose. For
2-13 purposes of this section, an offense was committed before the
2-14 effective date of this Act if any element of the offense occurred
2-15 before that date.
2-16 SECTION 3. This Act takes effect September 1, 2001.