Amend HB 2115 (House Committee Report) as follows:                           
	On line 10, changed to read (A)  under Section 49.045 [49.04, 
49.05, 49.06], 49.07[,] or 49.08, Penal Code, or for which 
punishment may be increased under Section 49.09 of that code;
	On Page 2, Line 1, the bill is amended by adding the following 
language:  SECTION 2.  Section 13, Article 42.12, Code of Criminal 
Procedure, is amended by adding new subsection (o) to read as 
follows:
	(o)  For purposes of this section, a conviction includes a 
deferred adjudication under Section 5 of this code.
	SECTION 3.  Section 411.081(e), Government Code, is amended 
to read as follows:
	(e)  A person is entitled to petition the court under 
Subsection (d) only if during the applicable period described by 
Subsection (d)(1), (2), or (3), as appropriate, the person is not 
convicted of or placed on deferred adjudication community 
supervision under Section 5, Article 42.12, Code of Criminal 
Procedure, for any offense other than an offense under the 
Transportation Code punishable by fine only.  A person is not 
entitled to petition the court under Subsection (d) if the person 
has been previously convicted or placed on deferred adjudication 
for:
		(1)  an offense requiring registration as a sex 
offender under Chapter 62, Code of Criminal Procedure;
		(2)  an offense under Section 20.04, Penal Code, 
regardless of whether the offense is a reportable conviction or 
adjudication for purposes of Chapter 62, Code of Criminal 
Procedure;
		(3)  an offense under Section 19.02, 19.03, 22.04, 
22.041, 25.07, or 42.072, Penal Code; [or]
		(4)  any other offense involving family violence, as 
defined by Section 71.004, Family Code; or
		(5)  an offense under Chapter 49, Penal Code, other 
than an offense that is punishable as a Class C misdemeanor.
	SECTION 4.  Sections 49.09(a), (b), (d), and (g), Penal 
Code, are amended to read as follows:
	(a)  Except as provided by Subsection (b), an offense under 
Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, 
with a minimum term of confinement of 30 days, if it is shown on the 
trial of the offense that the person has been one time previously 
[been] convicted of or placed on deferred adjudication for [one 
time of] an offense relating to the operating of a motor vehicle 
while intoxicated, an offense of operating an aircraft while 
intoxicated, an offense of operating a watercraft while 
intoxicated, or an offense of operating or assembling an amusement 
ride while intoxicated.
	(b)  An offense under Section 49.04, 49.045, 49.05, 49.06, or 
49.065 is a felony of the third degree if it is shown on the trial of 
the offense that the person has been [previously been convicted]:
		(1)  one time previously convicted of or placed on 
deferred adjudication for an offense under Section 49.08 or an 
offense under the laws of another state if the offense contains 
elements that are substantially similar to the elements of an 
offense under Section 49.08;  or
		(2)  two times previously convicted of or placed on 
deferred adjudication for any other offense relating to the 
operating of a motor vehicle while intoxicated, operating an 
aircraft while intoxicated, operating a watercraft while 
intoxicated, or operating or assembling an amusement ride while 
intoxicated.
	(d)  For the purposes of this section, a conviction for an 
offense listed in Subsection (c) [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.
	(g)  A conviction or deferred adjudication may be used for 
purposes of enhancement under this section or enhancement under 
Subchapter D, Chapter 12, but not under both this section and 
Subchapter D.
	SECTION 5.  Section 524.001(5), Transportation Code, is 
amended to read as follows:
		(5)  "Conviction" includes an adjudication under Title 
3, Family Code, or a deferred adjudication under Article 42.12, 
Section 5, Code of Criminal Procedure.
	On Page 2, Line 1 of the bill, "SECTION 2" is amended to read 
"SECTION 6".   
	On Page 2, Line 8 of the bill, "SECTION 3" is amended to read 
"SECTION 7".