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.