HBA-LJP, EDN H.B. 1698 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1698
By: Morrison
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person commits an offense if the person is intoxicated
while operating a motor vehicle in a public place.  If the offense is the
person's first driving while intoxicated offense and the person does not
have any certain extenuating circumstances, then the offense is a Class B
misdemeanor that carries a minimum term of confinement of 72 hours.
According to the National Highway Traffic Safety Administration, more
people die in alcohol-related crashes in Texas than any other state.  If
the penalty for driving while intoxicated within a school crossing zone
were increased, it might help prevent children from becoming victims of
alcohol-related accidents.  House Bill 1698 establishes the offense of
driving while intoxicated in a school crossing zone as a Class A
misdemeanor. 

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. 

ANALYSIS

House Bill 1698 amends the Penal Code to provide that if it is shown on the
trial of an offense of driving while intoxicated that at the time of the
offense the person was operating the motor vehicle in a school crossing
zone, the offense is a Class A misdemeanor with a minimum term of
confinement of 30 days. 

EFFECTIVE DATE

September 1, 2001.