Texas 2009 - 81st Regular

Texas House Bill HB1983 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Martinez Fischer, Moody (Senate Sponsor - Davis) H.B. No. 1983
2	2	(In the Senate - Received from the House April 23, 2009;
3	3	May 1, 2009, read first time and referred to Committee on
4	4	Transportation and Homeland Security; May 11, 2009, reported
5	5	favorably by the following vote: Yeas 9, Nays 0; May 11, 2009, sent
6	6	to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the punishment for certain intoxication related
12	12	offenses; creating the offense of aggravated driving while
13	13	intoxicated.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 49, Penal Code, is amended by adding
16	16	Section 49.046 to read as follows:
17	17	Sec. 49.046. AGGRAVATED DRIVING WHILE INTOXICATED. (a) A
18	18	person commits an offense if:
19	19	(1) the person is intoxicated while operating a motor
20	20	vehicle in a public place; and
21	21	(2) the person:
22	22	(A) has an alcohol concentration of 0.16 or more;
23	23	or
24	24	(B) has an alcohol concentration of 0.02 or more
25	25	and is operating a commercial motor vehicle, as defined by Section
26	26	522.003, Transportation Code.
27	27	(b) Except as provided by Section 49.09, an offense under
28	28	this section is a Class A misdemeanor, with a minimum term of
29	29	confinement of 30 days.
30	30	SECTION 2. Section 49.09, Penal Code, is amended by
31	31	amending Subsection (b) and adding Subsection (b-4) to read as
32	32	follows:
33	33	(b) An offense under Section 49.04, 49.05, 49.06, or 49.065
34	34	is a felony of the third degree if it is shown on the trial of the
35	35	offense that the person has previously been convicted:
36	36	(1) one time of an offense under Section 49.08 or an
37	37	offense under the laws of another state if the offense contains
38	38	elements that are substantially similar to the elements of an
39	39	offense under Section 49.08; [or]
40	40	(2) one time of an offense under Section 49.046 or an
41	41	offense under the laws of another state if the offense contains
42	42	elements that are substantially similar to the elements of an
43	43	offense under Section 49.046; or
44	44	(3) two times of any other offense relating to the
45	45	operating of a motor vehicle while intoxicated, operating an
46	46	aircraft while intoxicated, operating a watercraft while
47	47	intoxicated, or operating or assembling an amusement ride while
48	48	intoxicated.
49	49	(b-4) An offense under Section 49.046 is a felony of the
50	50	third degree if it is shown on the trial of the offense that the
51	51	person has previously been convicted:
52	52	(1) one time of an offense under Section 49.08 or an
53	53	offense under the laws of another state if the offense contains
54	54	elements that are substantially similar to the elements of an
55	55	offense under Section 49.08; or
56	56	(2) one time of an offense relating to the operating of
57	57	a motor vehicle while intoxicated, an offense of operating an
58	58	aircraft while intoxicated, an offense of operating a watercraft
59	59	while intoxicated, or an offense of operating or assembling an
60	60	amusement ride while intoxicated.
61	61	SECTION 3. The change in law made by this Act applies only
62	62	to an offense committed on or after the effective date of this Act.
63	63	An offense committed before the effective date of this Act is
64	64	covered by the law in effect when the offense was committed, and the
65	65	former law is continued in effect for that purpose. For purposes of
66	66	this section, an offense was committed before the effective date of
67	67	this Act if any element of the offense was committed before that
68	68	date.
69	69	SECTION 4. This Act takes effect September 1, 2009.
70	70	* * * * *