79R2965 JD-D

By:  Solomons                                                     H.B. No. 374



A BILL TO BE ENTITLED

AN ACT

relating to the operating of a motor vehicle while having certain 
amounts of certain controlled substances in the body.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 49.01(2), Penal Code, is amended to read 
as follows:     
		(2)  "Intoxicated" means:                                                     
			(A)  not having the normal use of mental or 
physical faculties by reason of the introduction of alcohol, a 
controlled substance, a drug, a dangerous drug, a combination of 
two or more of those substances, or any other substance into the 
body; [or]
			(B)  having an alcohol concentration of 0.08 or 
more; or            
			(C)  having one of the following controlled 
substances in the body above the specified concentration per 
milliliter of urine as shown by an enzyme multiplied immunoassay 
technique screening test:
				(i)  for an amphetamine, 1,000 nanograms;                            
				(ii)  for a cannabinoid, 50 nanograms;                               
				(iii)  for cocaine, 300 nanograms;                                   
				(iv)  for an opiate, 2,000 nanograms; or                             
				(v)  for phencyclidine, 25 nanograms.                                
	SECTION 2.  This Act takes effect September 1, 2005.