SRC-AMY S.B. 45 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 45
By: Zaffirini
Criminal Justice
8/15/2003
Enrolled
DIGEST AND PURPOSE 

Under current Texas law, a person who is driving while intoxicated (DWI)
and has a child in the motor vehicle can be charged with child
endangerment.  However the DWI, the lesser charge, will not be prosecuted,
because child endangerment is a state felony.  S.B. 45 creates a new
offense, "DWI with child passenger," as a state jail felony. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 49, Penal Code, by adding Section 49.045, as
follows: 

 Sec.  49.045.  DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.  
            (a)  Provides that a person commits an offense if the person
is intoxicated while  
            operating a motor vehicle in a public place and the vehicle
being operated by the person  is occupied by a passenger who is younger
than 15 years of age.  

   (b)  Provides that an offense under this section is a state jail felony.

SECTION 2.  Amends Section 49.09(c)(1), Penal Code, to include a reference
to Section 49.045. 

SECTION 3.  Amends Section 49.10, Penal Code, to make a conforming change.

SECTION 4.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.