HBA-NMO H.B. 3242 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3242
By: Green
Criminal Jurisprudence
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides that the offense of intoxication manslaughter is a
felony of the second degree. H.B. 3242 increases the penalty for
intoxication manslaughter from a felony of the second degree to a felony of
the first degree, if it is shown on the trial of an intoxication
manslaughter offense that the defendant has previously been convicted one
or more times of an offense relating to the operating of a motor vehicle
while intoxicated, an aircraft while intoxicated, or a watercraft while
intoxicated. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.09, Penal Code, by adding Subsection (g), as
follows: 

(g) Increases the penalty for intoxication manslaughter from a felony of
the second degree to a felony of the first degree, if it is shown on the
trial of an intoxication manslaughter offense that the person has
previously been convicted one or more times of an offense relating to the
operating of a motor vehicle while intoxicated, an aircraft while
intoxicated, or a watercraft while intoxicated. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.