By Homer H.B. No. 2701
77R2943 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 operating the
1-12 motor vehicle has an alcohol concentration of .15 or more, the
1-13 offense is a Class A misdemeanor.
1-14 SECTION 2. Section 49.08(b), Penal Code, is amended to read
1-15 as follows:
1-16 (b) Except as provided by Section 49.09, an [An] offense
1-17 under this section is a felony of the second degree.
1-18 SECTION 3. Section 49.09, Penal Code, is amended by adding
1-19 Subsection (g) to read as follows:
1-20 (g) If it is shown on the trial of an offense under Section
1-21 49.08 that the person has previously been convicted two or more
1-22 times of an offense relating to the operating of a motor vehicle
1-23 while intoxicated, an offense of operating an aircraft while
1-24 intoxicated, or an offense of operating a watercraft while
2-1 intoxicated, the offense is a felony of the first degree.
2-2 SECTION 4. (a) The change in law made by this Act applies
2-3 only to an offense committed on or after the effective date of this
2-4 Act. For purposes of this section, an offense is committed before
2-5 the effective date of this Act if any element of the offense occurs
2-6 before that date.
2-7 (b) An offense committed before the effective date of this
2-8 Act is covered by the law in effect when the offense was committed
2-9 and the former law is continued in effect for that purpose.
2-10 SECTION 5. This Act takes effect September 1, 2001.