HBA-EDN H.B. 1699 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1699
By: Morrison
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

In 1999, Texas led the country in alcohol-related traffic fatalities.
Unfortunately, many of the offenders are parents who may be traveling with
their minor children.  In these cases, the minor does not have discretion
as to whether he or she will be traveling with the parent.  Texas law
currently provides a Class B misdemeanor with a minimum confinement of 72
hours in jail for a first time offender convicted of driving, flying, or
boating while intoxicated and provides certain enhanced penalties if there
are extenuating circumstances on the first offense.  House Bill 1699
provides that  a person convicted of an offense of driving, flying, or
boating while intoxicated who at the time of the offense was operating the
vehicle with a passenger younger than 14 years of age commits 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 1699 amends the Penal Code to increase the punishment for an
offense of driving, flying, or boating while intoxicated to a Class A
misdemeanor with a minimum confinement term of 30 days if it is shown on
the trial of such an offense that at the time of the offense the person was
operating the motor vehicle, aircraft, or watercraft with a passenger
younger than 14 years of age.    

EFFECTIVE DATE

September 1, 2001.