79R730 JD-D

By:  Zaffirini                                                    S.B. No. 28 



A BILL TO BE ENTITLED

AN ACT

relating to the enhancement of the criminal penalty for certain 
intoxication offenses.
	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 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.  (a)  The change in law made by this Act applies 
only to an offense committed on or after September 1, 2005, for 
which the state alleges on the trial of the offense a previous 
conviction under Section 49.045, Penal Code.
	(b)  An offense described by Subsection (a) of this section 
committed before September 1, 2005, 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, 2005, if any element of the 
offense was committed before that date.
	SECTION 3.  This Act takes effect September 1, 2005.