HBA-NMO H.J.R. 42 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 42
By: Carter
Criminal Jurisprudence
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a district judge to deny bail to persons accused of
certain felony offenses. In 1996, approximately ten percent of the persons
convicted of driving while intoxicated  (DWI) were convicted on felony
charges, meaning that they were at least third-time DWI offenders.  The
comptroller's staff draft of the March 1999 Texas Performance Review
recommends legislation authorizing judges to deny bail to third-time DWI
offenders.  H.J.R. 42 proposes a constitutional amendment to authorize a
district judge to deny bail to a person accused of operating a motor
vehicle, an aircraft, or a watercraft while intoxicated, if the person has
been convicted two or more times of such an offense. 

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 11a(a), Article I, Texas Constitution, to
authorize a district judge, upon a hearing, and upon evidence substantially
showing the guilt of the accused of the offense, to deny bail to a person
accused of an offense involving the operation of a motor vehicle, an
aircraft, or watercraft while intoxicated, after having been convicted of
such an offense two or more times. Makes conforming changes. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.