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.