HBA-NMO H.J.R. 42 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 42 By: Carter Criminal Jurisprudence 3/12/1999 Introduced BACKGROUND AND PURPOSE Current law authorizes a district judge to deny bail to persons accused of certain felony offenses. In 1996, approximately ten percent of the persons convicted of driving while intoxicated (DWI) were convicted on felony charges, meaning that they were at least third-time DWI offenders. The comptroller's staff draft of the March 1999 Texas Performance Review recommends legislation authorizing judges to deny bail to third-time DWI offenders. H.J.R. 42 proposes a constitutional amendment to authorize a district judge to deny bail to a person accused of operating a motor vehicle, an aircraft, or a watercraft while intoxicated, if the person has been convicted two or more times of such an offense. 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 11a(a), Article I, Texas Constitution, to authorize a district judge, upon a hearing, and upon evidence substantially showing the guilt of the accused of the offense, to deny bail to a person accused of an offense involving the operation of a motor vehicle, an aircraft, or watercraft while intoxicated, after having been convicted of such an offense two or more times. Makes conforming changes. SECTION 2. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.