By Carter                                             H.J.R. No. 26
         77R1357 JD-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment relating to the denial of bail
 1-2     to persons charged with a third or subsequent offense involving the
 1-3     operation while intoxicated of a motor vehicle, an aircraft, or a
 1-4     watercraft.
 1-5           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 11a(a), Article I, Texas Constitution, is
 1-7     amended to read as follows:
 1-8           (a)  Any person (1) accused of a felony less than capital in
 1-9     this State, who has been theretofore twice convicted of a felony,
1-10     the second conviction being subsequent to the first, both in point
1-11     of time of commission of the offense and conviction therefor, (2)
1-12     accused of a felony less than capital in this State, committed
1-13     while on bail for a prior felony for which he has been indicted,
1-14     (3) accused of a felony less than capital in this State involving
1-15     the use of a deadly weapon after being convicted of a prior felony,
1-16     [or] (4) accused of a violent or sexual offense committed while
1-17     under the supervision of a criminal justice agency of the State or
1-18     a political subdivision of the State for a prior felony, or (5)
1-19     accused of an offense involving the operation while intoxicated of
1-20     a motor vehicle, an aircraft, or a watercraft, after having been
1-21     previously convicted two or more times of an offense involving the
1-22     operation while intoxicated of a motor vehicle, an aircraft, or a
1-23     watercraft, after a hearing, and upon evidence substantially
1-24     showing the guilt of the accused of the offense in (1), [or] (3),
 2-1     or (5) above, of the  offense committed while on bail in (2) above,
 2-2     or of the offense in (4) above committed while under the
 2-3     supervision of a criminal justice agency of the State or a
 2-4     political subdivision of the State for a prior felony, may be
 2-5     denied bail pending trial, by a district judge in this State, if
 2-6     said order denying bail pending  trial is issued within seven
 2-7     calendar days subsequent to the time of incarceration of the
 2-8     accused;  provided, however, that if the accused is not accorded a
 2-9     trial upon the accusation under (1), [or] (3), or (5) above, the
2-10     accusation and indictment used under (2) above, or the accusation
2-11     or indictment used under (4) above within sixty (60) days from the
2-12     time of his incarceration upon the accusation, the  order denying
2-13     bail shall be automatically set aside, unless a continuance is
2-14     obtained upon the motion or request of the accused;  provided,
2-15     further, that the right of appeal to the Court of Criminal Appeals
2-16     of this State is expressly accorded the accused for a review of any
2-17     judgment or order made hereunder, and said appeal shall be given
2-18     preference by the Court of Criminal Appeals.
2-19           SECTION 2.  This proposed amendment shall be submitted to the
2-20     voters at an election to be held November 6, 2001.  The ballot
2-21     shall be printed to permit voting for or against the proposition:
2-22     "The constitutional amendment permitting the denial of bail to a
2-23     person charged with an offense involving the operation while
2-24     intoxicated of a motor vehicle, an aircraft, or a watercraft after
2-25     having been convicted two or more times of a similar offense."