Amend HB 2017 (house committee report) as follows:

(1)  On page 1, strike lines 8 through 14 and substitute the following:

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

(b-2)  An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the person:

(1)  caused the death of a person described by Subsection (b-1); or

(2)  has previously been convicted of an offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated, and at the time of the commission of the instant offense was in violation of Chapter 51, Penal Code.

(2)  On page 2, line 1, strike "Subsection (c) of that section" and substitute "Section 49.09(b-2)(2), Penal Code".

(3)  On page 2, line 5, strike "Section 49.08(c)" and substitute "Section 49.09(b-2)(2)".

(4)  On page 2, line 17, strike "Section 49.08(c)" and substitute "Section 49.09(b-2)(2)".