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A BILL TO BE ENTITLED
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AN ACT
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relating to enhancement of the punishment for certain intoxication |
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offenses based on past convictions under federal law and the |
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Uniform Code of Military Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 49.09(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) An offense under Section 49.04, 49.05, 49.06, or 49.065 |
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is a felony of the third degree if it is shown on the trial of the |
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offense that the person has previously been convicted: |
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(1) one time of an offense under Section 49.08 or an |
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offense under the laws of another state, federal law, or the Uniform |
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Code of Military Justice if the offense contains elements that are |
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substantially similar to the elements of an offense under Section |
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49.08; or |
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(2) two times of any other offense relating to the |
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operating of a motor vehicle while intoxicated, operating an |
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aircraft while intoxicated, operating a watercraft while |
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intoxicated, or operating or assembling an amusement ride while |
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intoxicated. |
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(c) For the purposes of this section: |
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(1) "Offense relating to the operating of a motor |
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vehicle while intoxicated" means: |
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(A) an offense under Section 49.04 or 49.045; |
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(B) an offense under Section 49.07 or 49.08, if |
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the vehicle operated was a motor vehicle; |
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(C) an offense under Article 6701l-1, Revised |
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Statutes, as that law existed before September 1, 1994; |
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(D) an offense under Article 6701l-2, Revised |
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Statutes, as that law existed before January 1, 1984; |
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(E) an offense under Section 19.05(a)(2), as that |
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law existed before September 1, 1994, if the vehicle operated was a |
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motor vehicle; or |
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(F) an offense under any of the following that |
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prohibits the operation of a motor vehicle while intoxicated: |
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(i) the laws of another state; |
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(ii) federal law; or |
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(iii) the Uniform Code of Military Justice |
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[that prohibit the operation of a motor vehicle while intoxicated]. |
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(2) "Offense of operating an aircraft while |
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intoxicated" means: |
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(A) an offense under Section 49.05; |
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(B) an offense under Section 49.07 or 49.08, if |
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the vehicle operated was an aircraft; |
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(C) an offense under Section 1, Chapter 46, Acts |
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of the 58th Legislature, Regular Session, 1963 (Article 46f-3, |
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Vernon's Texas Civil Statutes), as that law existed before |
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September 1, 1994; |
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(D) an offense under Section 19.05(a)(2), as that |
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law existed before September 1, 1994, if the vehicle operated was an |
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aircraft; or |
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(E) an offense under any of the following that |
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prohibits the operation of an aircraft while intoxicated: |
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(i) the laws of another state; |
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(ii) federal law; or |
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(iii) the Uniform Code of Military Justice |
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[that prohibit the operation of an aircraft while intoxicated]. |
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(3) "Offense of operating a watercraft while |
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intoxicated" means: |
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(A) an offense under Section 49.06; |
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(B) an offense under Section 49.07 or 49.08, if |
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the vehicle operated was a watercraft; |
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(C) an offense under Section 31.097, Parks and |
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Wildlife Code, as that law existed before September 1, 1994; |
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(D) an offense under Section 19.05(a)(2), as that |
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law existed before September 1, 1994, if the vehicle operated was a |
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watercraft; or |
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(E) an offense under any of the following that |
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prohibits the operation of a watercraft while intoxicated: |
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(i) the laws of another state; |
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(ii) federal law; or |
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(iii) the Uniform Code of Military Justice |
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[that prohibit the operation of a watercraft while intoxicated]. |
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(4) "Offense of operating or assembling an amusement |
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ride while intoxicated" means: |
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(A) an offense under Section 49.065; |
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(B) an offense under Section 49.07 or 49.08, if |
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the offense involved the operation or assembly of an amusement |
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ride; or |
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(C) an offense under any of the following that |
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prohibits the operation of an amusement ride while intoxicated or |
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the assembly of a mobile amusement ride while intoxicated: |
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(i) the laws [law] of another state; |
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(ii) federal law; or |
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(iii) the Uniform Code of Military Justice |
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[that prohibits the operation of an amusement ride while
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intoxicated or the assembly of a mobile amusement ride while
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intoxicated]. |
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SECTION 2. (a) The changes in law made by this Act apply |
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only to the punishment for an offense under Section 49.04, 49.05, |
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49.06, or 49.065, Penal Code, committed on or after the effective |
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date of this Act. For purposes of this section, an offense is |
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committed before the effective date of this Act if any element of |
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the offense occurs before that date. |
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(b) The punishment for an offense under Section 49.04, |
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49.05, 49.06, or 49.065, Penal Code, committed before the effective |
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date of this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |