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.