79R1146 JD-D

By:  Smith of Tarrant                                             H.B. No. 49 



A BILL TO BE ENTITLED

AN ACT

relating to the punishment prescribed for certain repeat 
intoxication offenders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 49.09(d), Penal Code, is amended to read 
as follows:     
	(d)  For the purposes of this section, a conviction for an 
offense under Article 6701l-1, Revised Statutes, as that law 
existed before September 1, 1994, Article 6701l-2, Revised 
Statutes, as that law existed before January 1, 1984, Section 
19.05(a)(2), as that law existed before September 1, 1994, or
Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08 [that 
occurs on or after September 1, 1994,] is a final conviction, 
whether the sentence for the conviction is imposed or probated.
	SECTION 2.  Sections 49.09(e) and (f), Penal Code, are 
repealed.             
	SECTION 3.  The change in law made by this Act applies only 
to the penalty for an offense under Chapter 49, Penal Code, that is 
committed on or after the effective date of this Act.  The penalty 
for an offense under Chapter 49, Penal Code, that was 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.  For purposes of this section, 
an offense was committed before the effective date of this Act if 
any element of the offense was committed before that date.
	SECTION 4.  This Act takes effect September 1, 2005.