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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of certain controlled substances in the body |
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constituting intoxication for purposes of certain intoxication |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.01(2), Penal Code, is amended to read |
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as follows: |
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(2) "Intoxicated" means: |
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(A) not having the normal use of mental or |
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physical faculties by reason of the introduction of alcohol, a |
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controlled substance, a drug, a dangerous drug, a combination of |
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two or more of those substances, or any other substance into the |
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body; [or] |
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(B) having an alcohol concentration of 0.08 or |
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more; or |
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(C) having present in the body any detectable |
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amount of a controlled substance or a metabolite of a controlled |
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substance listed in: |
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(i) Penalty Group 1 under Section 481.102, |
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Health and Safety Code; |
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(ii) Penalty Group 1-A under Section |
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481.1021, Health and Safety Code; or |
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(iii) Penalty Group 2 under Section |
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481.103, Health and Safety Code. |
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SECTION 2. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |