HBA-JLV H.B. 2250 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2250
By: Smith
Criminal Jurisprudence
3/9/2001
Introduced



BACKGROUND AND PURPOSE 

Current law establishes that the offense of felony driving, flying,
boating, or assembling or operating an amusement ride while intoxicated
requires two prior convictions for offenses relating to the operating of a
motor vehicle, aircraft, watercraft, or assembling or operating an
amusement ride, while intoxicated. Because of this a person may be
convicted for causing the death of an individual while driving while
intoxicated yet only be charged for a misdemeanor DWI for a subsequent DWI
offense.  House Bill 2250 establishes that if a person has caused the death
of another individual by driving, flying, boating, or assembling or
operating an amusement ride while intoxicated, the person's next offense is
a felony, not 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 2250 amends the Penal Code to establish that an offense of
driving, flying, boating, or assembling or operating an amusement ride
while intoxicated is a third degree felony offense if that person has
previously been convicted of intoxication manslaughter. 

EFFECTIVE DATE

September 1, 2001.