HBA-BSM, SEP H.J.R. 12 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 12
By: McClendon
Criminal Jurisprudence
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, persons who are charged with committing intoxication
manslaughter and who have a prior felony conviction involving the operation
of a motor vehicle while intoxicated are eligible for bail. Persistent
offenders of statutes prohibiting the operation of a motor vehicle while
intoxicated are a threat to public safety.  House Joint Resolution 12
authorizes the denial of bail to persons who are charged with committing
intoxication manslaughter and have a prior felony conviction involving the
operation of a motor vehicle while intoxicated. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Joint Resolution 12 amends the Texas Constitution to authorize a
district judge to deny bail to any person accused of intoxication
manslaughter after being convicted of a prior felony involving the
operation of a motor vehicle while intoxicated.  

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.