By Carona S.B. No. 222 77R1581 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to enhancing the penalty for the offense of driving while 1-3 intoxicated if a person younger than 16 was also present in the 1-4 vehicle being operated by the defendant. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 49.09(a), Penal Code, is amended to read 1-7 as follows: 1-8 (a) If it is shown on the trial of an offense under Section 1-9 49.04, 49.05, 49.06, or 49.065 that the person has previously been 1-10 convicted one time of an offense relating to the operating of a 1-11 motor vehicle while intoxicated, an offense of operating an 1-12 aircraft while intoxicated, an offense of operating a watercraft 1-13 while intoxicated, or an offense of operating or assembling an 1-14 amusement ride while intoxicated, or if it is shown on the trial of 1-15 an offense under Section 49.04 that at the time of the offense a 1-16 person younger than 16 was a passenger in the motor vehicle being 1-17 operated by the defendant, the offense is a Class A misdemeanor, 1-18 with a minimum term of confinement of 30 days. 1-19 SECTION 2. (a) This Act takes effect September 1, 2001. 1-20 (b) The change in law made by this Act applies only to an 1-21 offense committed on or after September 1, 2001. 1-22 (c) An offense committed before September 1, 2001, is 1-23 covered by the law in effect when the offense was committed, and 1-24 the former law is continued in effect for that purpose. For 2-1 purposes of this section, an offense was committed before September 2-2 1, 2001, if any element of the offense was committed before that 2-3 date.