| |
|
| |
|
|
By: Gallego (Senate Sponsor - Davis) |
H.B. No. 1199 |
|
|
(In the Senate - Received from the House May 4, 2011; |
|
|
May 5, 2011, read first time and referred to Committee on Criminal |
|
|
Justice; May 24, 2011, reported adversely, with favorable |
|
|
Committee Substitute by the following vote: Yeas 6, Nays 0; |
|
|
May 24, 2011, sent to printer.) |
| |
|
|
COMMITTEE SUBSTITUTE FOR H.B. No. 1199 |
By: Ellis |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the penalty for certain intoxication offenses. |
|
|
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. 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 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 occurred before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |
|
|
|
|
|
* * * * * |