By: Patrick S.B. No. 838
(Martinez Fischer, Gallego, Carter, Zedler,
Christian)
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for driving while intoxicated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.04, Penal Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) Except as provided by Subsections [Subsection] (c) and
(d) and Section 49.09, an offense under this section is a Class B
misdemeanor, with a minimum term of confinement of 72 hours.
(d) If it is shown on the trial of an offense under this
section that an analysis of a specimen of the person's blood,
breath, or urine showed an alcohol concentration level of 0.15 or
more at the time the analysis was performed, the offense is a Class
A misdemeanor.
SECTION 2. 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
governed 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 3. This Act takes effect September 1, 2011.