By: Martinez Fischer H.B. No. 99
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain intoxication related
offenses; creating the offense of aggravated driving while
intoxicated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 49, Penal Code, is amended by adding
Section 49.046 to read as follows:
Sec. 49.046. AGGRAVATED DRIVING WHILE INTOXICATED. (a) A
person commits an offense if:
(1) the person is intoxicated while operating a motor
vehicle in a public place; and
(2) the person:
(A) has an alcohol concentration of 0.16 or more;
or
(B) has an alcohol concentration of 0.02 or more
and is operating a commercial motor vehicle, as defined by Section
522.003, Transportation Code.
(b) Except as provided by Section 49.09, an offense under
this section is a Class A misdemeanor, with a minimum term of
confinement of 30 days.
SECTION 2. Section 49.09, Penal Code, is amended by
amending Subsection (b) and adding Subsection (b-4) to read as
follows:
(b) An offense under Section 49.04, 49.05, 49.06, or 49.065
is a felony of the third degree if it is shown on the trial of the
offense that the person has previously been convicted:
(1) one time of an offense under Section 49.08 or an
offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an
offense under Section 49.08; [or]
(2) one time of an offense under Section 49.046 or an
offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an
offense under Section 49.046; or
(3) two times of any other 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.
(b-4) An offense under Section 49.046 is a felony of the
third degree if it is shown on the trial of the offense that the
person has previously been convicted:
(1) one time of an offense under Section 49.08 or an
offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an
offense under Section 49.08; or
(2) one time of an offense relating to the operating of
a motor vehicle while intoxicated, an offense of operating an
aircraft while intoxicated, an offense of operating a watercraft
while intoxicated, or an offense of operating or assembling an
amusement ride while intoxicated.
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 was committed before that
date.
SECTION 4. This Act takes effect September 1, 2011.