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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain intoxication related |
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offenses; creating an offense for aggravated driving while |
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intoxicated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 49, Penal Code, is amended by adding |
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Section 49.046 to read as follows: |
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Sec. 49.046. AGGRAVATED DRIVING WHILE INTOXICATED. (a) A |
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person commits an offense if: |
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(1) the person is intoxicated while operating a motor |
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vehicle in a public place; and |
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(2) the person: |
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(A) has an alcohol concentration of 0.16 or more; |
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or |
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(B) has an alcohol concentration of 0.02 or more |
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and is operating a commercial motor vehicle, as defined by Section |
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522.003, Transportation Code. |
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(b) Except as provided by Section 49.09, an offense under |
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this section is a Class A misdemeanor, with a minimum term of |
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confinement of 30 days. |
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SECTION 2. Section 49.09, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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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 if the offense contains |
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elements that are substantially similar to the elements of an |
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offense under Section 49.08; [or] |
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(2) one time of an offense under Section 49.046 or an |
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offense under the laws of another state if the offense contains |
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elements that are substantially similar to the elements of an |
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offense under Section 49.046; or |
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(3) 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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(b-1) An offense under Section 49.046 is a felony of the |
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third degree if it is shown on the trial of the offense that the |
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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 if the offense contains |
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elements that are substantially similar to the elements of an |
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offense under Section 49.08; or |
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(2) one time of an offense relating to the operating of |
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a motor vehicle while intoxicated, an offense of operating an |
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aircraft while intoxicated, an offense of operating a watercraft |
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while intoxicated, or an offense of operating or assembling an |
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amusement ride while intoxicated. |
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SECTION 3. (a) The change in law made by this Act by the |
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amendment of Section 49.09(b), Penal Code, applies only to the |
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punishment for an offense under Section 49.04, 49.05, 49.06, or |
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49.065, Penal Code, committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) The punishment for an offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |