H.B. No. 1199
 
 
 
 
AN ACT
  relating to the penalty for certain intoxication offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Abdallah Khader
  Act.
         SECTION 2.  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 3.  Section 49.09, Penal Code, is amended by adding
  Subsection (b-4) to read as follows:
         (b-4)  An offense under Section 49.07 is a felony of the
  second degree if it is shown on the trial of the offense that the
  person caused serious bodily injury to another in the nature of a
  traumatic brain injury that results in a persistent vegetative
  state.
         SECTION 4.  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 occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1199 was passed by the House on May 3,
  2011, by the following vote:  Yeas 140, Nays 4, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1199 on May 27, 2011, by the following vote:  Yeas 141, Nays 2,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1199 was passed by the Senate, with
  amendments, on May 25, 2011, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor