HBA-MPM H.B. 232 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 232
By: West, George
Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Current state law provides that first-time DWI offenders serve terms of
confinement ranging from 72 hours to six days.  Similarly, the minimum term
of confinement for first-time offenders who are operating an aircraft or
watercraft while intoxicated is 72 hours.  H.B. 232 increases the minimum
term of confinement for a person convicted of the offense of driving,
flying, or boating while intoxicated to 30 days, rather than 72 hours. 

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.  (a) Amends Section 49.04(b), Penal Code, to set forth a minimum
term of confinement of 30 days, rather than 72 hours, if a person is
convicted of driving while intoxicated and to make a conforming change.   

(b) Repealer:  Section 49.04(c), Penal Code, which states that if it is
shown on the trial of an offense that at the time of the offense the person
operating the motor vehicle had an open container of alcohol in the
person's immediate possession, the offense is a Class B misdemeanor, with a
minimum term of confinement of six days. 

SECTION 2.  Makes a conforming change.

SECTION 3.  Makes a conforming change.

SECTION 4.  Effective date:  September 1, 1999.  
            Makes application of this Act prospective.

SECTION 5.  Emergency clause.