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AN ACT
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relating to the penalty for certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Abdallah Khader |
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Act. |
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SECTION 2. Section 49.04, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Except as provided by Subsections [Subsection] (c) and |
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(d) and Section 49.09, an offense under this section is a Class B |
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misdemeanor, with a minimum term of confinement of 72 hours. |
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(d) If it is shown on the trial of an offense under this |
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section that an analysis of a specimen of the person's blood, |
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breath, or urine showed an alcohol concentration level of 0.15 or |
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more at the time the analysis was performed, the offense is a Class |
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A misdemeanor. |
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SECTION 3. Section 49.09, Penal Code, is amended by adding |
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Subsection (b-4) to read as follows: |
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(b-4) An offense under Section 49.07 is a felony of the |
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second degree if it is shown on the trial of the offense that the |
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person caused serious bodily injury to another in the nature of a |
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traumatic brain injury that results in a persistent vegetative |
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state. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1199 was passed by the House on May 3, |
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2011, by the following vote: Yeas 140, Nays 4, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1199 on May 27, 2011, by the following vote: Yeas 141, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1199 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |