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.