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  80R5633 SLO-D
 
  By: Harper-Brown H.B. No. 1107
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of intoxication
manslaughter when the victim of the offense is a peace officer.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 49.08(b), Penal Code, is amended to read
as follows:
       (b)  An offense under this section is a felony of the second
degree, except that an offense under this section is a felony of the
first degree if the person:
             (1)  operates a motor vehicle in a public place; and
             (2)  by reason of intoxication, causes the death of a
peace officer who is acting in the lawful discharge of an official
duty.
       SECTION 2.  The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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. 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 3.  This Act takes effect September 1, 2007.