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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal punishment for certain driving |
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while intoxicated offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 49.04(b), (c), and (d), Penal Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsections (c) and (d) and |
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Section 49.09, an offense under this section is a Class A [B] |
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misdemeanor, with a minimum term of confinement of 72 hours. |
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(c) If it is shown on the trial of an offense under this |
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section that at the time of the offense the person operating the |
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motor vehicle had an open container of alcohol in the person's |
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immediate possession, the offense is a Class A [B] misdemeanor, |
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with a minimum term of confinement of six days. |
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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 state |
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jail felony [Class A misdemeanor]. |
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SECTION 2. Section 49.09(a), Penal Code, is amended to read |
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as follows: |
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(a) Except as provided by Subsection (b), [an offense under |
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Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, |
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with a minimum term of confinement of 30 days,] if it is shown on the |
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trial of the offense that the person has previously been convicted |
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one time of an offense relating to the operating of a motor vehicle |
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while intoxicated, an offense of operating an aircraft while |
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intoxicated, an offense of operating a watercraft while |
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intoxicated, or an offense of operating or assembling an amusement |
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ride while intoxicated: |
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(1) an offense under Section 49.05, 49.06, or 49.065 |
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is a Class A misdemeanor with a minimum term of confinement of 30 |
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days; and |
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(2) an offense under Section 49.04 is a state jail |
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felony. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date 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 4. This Act takes effect September 1, 2025. |