78R5018 JD-D

By:  Deuell                                                       S.B. No. 1425



A BILL TO BE ENTITLED

AN ACT

relating to the enhancement of the criminal consequences of certain 
intoxication offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 49.04(b) and (c), Penal Code, are 
amended to read as follows:
	(b)  Except as provided by Subsection (c) and Section 49.09, 
an offense under this section is a Class B misdemeanor, with a 
minimum term of confinement of seven days [72 hours].
	(c)  If it is shown on the trial of an offense under this 
section that at the time of the offense the person operating the 
motor vehicle had an open container of alcohol in the person's 
immediate possession, the offense is a Class B misdemeanor, with a 
minimum term of confinement of 10 [six] days.
	SECTION 2.  Section 49.05(b), Penal Code, is amended to read 
as follows:     
	(b)  Except as provided by Section 49.09, an offense under 
this section is a Class B misdemeanor, with a minimum term of 
confinement of seven days [72 hours].
	SECTION 3.  Section 49.06(b), Penal Code, is amended to read 
as follows:     
	(b)  Except as provided by Section 49.09, an offense under 
this section is a Class B misdemeanor, with a minimum term of 
confinement of seven days [72 hours].
	SECTION 4.  Sections 49.065(b) and (c), Penal Code, are 
amended to read as follows:
	(b)  Except as provided by Subsection (c) and Section 49.09, 
an offense under this section is a Class B misdemeanor with a 
minimum term of confinement of seven days [72 hours].
	(c)  If it is shown on the trial of an offense under this 
section that at the time of the offense the person operating the 
amusement ride or assembling the mobile amusement ride had an open 
container of alcohol in the person's immediate possession, the 
offense is a Class B misdemeanor with a minimum term of confinement 
of 10 [six] days.
	SECTION 5.  Article 42.038, Code of Criminal Procedure, is 
amended by adding Subsection (b-1) to read as follows:
	(b-1)  Except as provided by Subsection (c), if the defendant 
is convicted of a misdemeanor offense under Section 49.04, 49.05, 
49.06, or 49.065, Penal Code, and sentenced to serve a term of 
confinement in county jail, the court that orders execution of the 
sentence shall also require the defendant to reimburse the county 
for the defendant's confinement at a rate of $25 a day.  Except as 
provided by Subsection (c), a court that requires a defendant 
convicted of or placed on deferred adjudication for a misdemeanor 
offense under those sections and required to submit to a period of 
confinement in county jail as a condition of community supervision, 
shall also require that the defendant reimburse the county for the 
defendant's confinement, with the amount of reimbursement 
determined as if the defendant were serving an executed sentence.
	SECTION 6.  This Act takes effect September 1, 2003.  The 
changes in law made by this Act apply only to an offense committed 
on or after the effective date of this Act.  For purposes of this 
section, an offense was committed before the effective date of this 
Act if any element of the offense occurs before that date.  An 
offense committed before the effective date of this Act is covered 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.