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.