By: Gallego (Senate Sponsor - Davis) H.B. No. 1199

(In the Senate - Received from the House May 4, 2011; May 5, 2011, read first time and referred to Committee on Criminal Justice; May 24, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; May 24, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1199 By: Ellis

A BILL TO BE ENTITLED

AN ACT

relating to the penalty for certain intoxication offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 49.04, Penal Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:

(b) Except as provided by Subsections [Subsection] (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

SECTION 2. Section 49.09, Penal Code, is amended by adding Subsection (b-4) to read as follows:

(b-4) An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state.

SECTION 3. 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 occurred before that date.

SECTION 4. This Act takes effect September 1, 2011.

* * * * *