| 1 | 1 | | 84R4661 JSC-D |
|---|
| 2 | 2 | | By: Bell H.B. No. 673 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the amount of certain controlled substances in the body |
|---|
| 8 | 8 | | constituting intoxication for purposes of certain intoxication |
|---|
| 9 | 9 | | offenses. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 49.01(2), Penal Code, is amended to read |
|---|
| 12 | 12 | | as follows: |
|---|
| 13 | 13 | | (2) "Intoxicated" means: |
|---|
| 14 | 14 | | (A) not having the normal use of mental or |
|---|
| 15 | 15 | | physical faculties by reason of the introduction of alcohol, a |
|---|
| 16 | 16 | | controlled substance, a drug, a dangerous drug, a combination of |
|---|
| 17 | 17 | | two or more of those substances, or any other substance into the |
|---|
| 18 | 18 | | body; [or] |
|---|
| 19 | 19 | | (B) having an alcohol concentration of 0.08 or |
|---|
| 20 | 20 | | more; or |
|---|
| 21 | 21 | | (C) having present in the body any detectable |
|---|
| 22 | 22 | | amount of a controlled substance or a metabolite of a controlled |
|---|
| 23 | 23 | | substance listed in: |
|---|
| 24 | 24 | | (i) Penalty Group 1 under Section 481.102, |
|---|
| 25 | 25 | | Health and Safety Code; |
|---|
| 26 | 26 | | (ii) Penalty Group 1-A under Section |
|---|
| 27 | 27 | | 481.1021, Health and Safety Code; or |
|---|
| 28 | 28 | | (iii) Penalty Group 2 under Section |
|---|
| 29 | 29 | | 481.103, Health and Safety Code. |
|---|
| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 31 | 31 | | to an offense committed on or after the effective date of this Act. |
|---|
| 32 | 32 | | An offense committed before the effective date of this Act is |
|---|
| 33 | 33 | | governed by the law in effect on the date the offense was committed, |
|---|
| 34 | 34 | | and the former law is continued in effect for that purpose. For |
|---|
| 35 | 35 | | purposes of this section, an offense was committed before the |
|---|
| 36 | 36 | | effective date of this Act if any element of the offense occurred |
|---|
| 37 | 37 | | before that date. |
|---|
| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|