HBA-KMH H.B. 210 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 210
By: Hochberg
Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the level of blood alcohol concentration (BAC) necessary for an
individual to be legally intoxicated is 0.10 percent.  Other states have
lowered the legal limit to 0.08 percent for several reasons, including the
belief that individuals are significantly impaired at levels lower than
Texas state law currently allows and because the federal government has
recently passed legislation authorizing specific funds to be released to a
state if it lowers the BAC to 0.08 percent.  H.B. 210 replaces the 0.10
percent BAC level with a 0.08 percent level. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.01(2), Penal Code, by decreasing the alcohol
concentration in blood from 0.10 to 0.08 under the definition of
"intoxicated". 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.