| 1 | 1 | | By: Patrick S.B. No. 838 |
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| 2 | 2 | | (Martinez Fischer, Gallego, Carter, Zedler, |
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| 3 | 3 | | Christian) |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the penalty for driving while intoxicated. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 49.04, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsection (d) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b) Except as provided by Subsections [Subsection] (c) and |
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| 14 | 14 | | (d) and Section 49.09, an offense under this section is a Class B |
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| 15 | 15 | | misdemeanor, with a minimum term of confinement of 72 hours. |
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| 16 | 16 | | (d) If it is shown on the trial of an offense under this |
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| 17 | 17 | | section that an analysis of a specimen of the person's blood, |
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| 18 | 18 | | breath, or urine showed an alcohol concentration level of 0.15 or |
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| 19 | 19 | | more at the time the analysis was performed, the offense is a Class |
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| 20 | 20 | | A misdemeanor. |
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| 21 | 21 | | SECTION 2. The change in law made by this Act applies only |
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| 22 | 22 | | to an offense committed on or after the effective date of this Act. |
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| 23 | 23 | | An offense committed before the effective date of this Act is |
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| 24 | 24 | | governed by the law in effect when the offense was committed, and |
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| 25 | 25 | | the former law is continued in effect for that purpose. For |
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| 26 | 26 | | purposes of this section, an offense was committed before the |
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| 27 | 27 | | effective date of this Act if any element of the offense was |
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| 28 | 28 | | committed before that date. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2011. |
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