By Zaffirini S.B. No. 59 77R1490(1) JD A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the definition of intoxicated in connection with the 1-3 offense of operating a motor vehicle while intoxicated. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 49.01(2), Penal Code, is amended to read 1-6 as follows: 1-7 (2) "Intoxicated" means: 1-8 (A) not having the normal use of mental or 1-9 physical faculties by reason of the introduction of alcohol, a 1-10 controlled substance, a drug, a dangerous drug, a combination of 1-11 two or more of those substances, or any other substance into the 1-12 body; or 1-13 (B) having an alcohol concentration of: 1-14 (i) 0.08 or more; or 1-15 (ii) 0.06 or more, if the actor is 1-16 operating a motor vehicle and a person younger than 14 is a 1-17 passenger in the vehicle. 1-18 SECTION 2. (a) This Act takes effect September 1, 2001. 1-19 (b) The change in law made by this Act applies only to an 1-20 offense committed on or after September 1, 2001. An offense 1-21 committed before September 1, 2001, is covered by the law in effect 1-22 when the offense was committed, and the former law is continued in 1-23 effect for that purpose. For purposes of this subsection, an 1-24 offense was committed before September 1, 2001, if any element of 1-25 the offense was committed before that date.