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                                                                  S.B. No. 45 




AN ACT

relating to the operation of a motor vehicle while intoxicated with 
a child passenger in the vehicle; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 49, Penal Code, is amended by adding 
Section 49.045 to read as follows:
	Sec. 49.045.  DRIVING WHILE INTOXICATED WITH CHILD 
PASSENGER.  (a)  A person commits an offense if:
		(1)  the person is intoxicated while operating a motor 
vehicle in a public place; and
		(2)  the vehicle being operated by the person is 
occupied by a passenger who is younger than 15 years of age.
	(b)  An offense under this section is a state jail felony.              
	SECTION 2.  Subdivision (1), Subsection (c), Section 49.09, 
Penal Code, is amended to read as follows:
		(1)  "Offense relating to the operating of a motor 
vehicle while intoxicated" means:
			(A)  an offense under Section 49.04 or 49.045;                        
			(B)  an offense under Section 49.07 or 49.08, if 
the vehicle operated was a motor vehicle;
			(C)  an offense under Article 6701l-1, Revised 
Statutes, as that law existed before September 1, 1994;
			(D)  an offense under Article 6701l-2, Revised 
Statutes, as that law existed before January 1, 1984;
			(E)  an offense under Section 19.05(a)(2), as that 
law existed before September 1, 1994, if the vehicle operated was a 
motor vehicle;  or
			(F)  an offense under the laws of another state 
that prohibit the operation of a motor vehicle while intoxicated.
	SECTION 3.  Section 49.10, Penal Code, is amended to read as 
follows:        
	Sec. 49.10.  NO DEFENSE.  In a prosecution under Section 
49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the 
fact that the defendant is or has been entitled to use the alcohol, 
controlled substance, drug, dangerous drug, or other substance is 
not a defense.
	SECTION 4.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003.
	(c)  An offense committed before September 1, 2003, is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before September 1, 2003, if 
any element of the offense was committed before that date.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 45 passed the Senate on 
April 30, 2003, by a viva-voce vote; and that the Senate concurred 
in House amendment on May 29, 2003, by a viva-voce vote.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 45 passed the House, with 
amendment, on May 25, 2003, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor