By Smith                                              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.