HBA-JLV H.B. 2701 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2701 By: Homer Criminal Jurisprudence 4/8/2001 Introduced BACKGROUND AND PURPOSE While constituting a relatively small number of drivers on the road, individuals who continually drive with a high blood alcohol concentration (BAC) of .15 or above account for a disproportionately large share of drunk driving accidents. It is estimated that while drivers with BACs in excess of .15 are only one percent of all drivers on weekend nights, they are involved in nearly 50 percent of all fatal crashes at that time. House Bill 2701 increases the penalties on those drivers with BACs of .15 and higher, both first time and repeat offenders, and increases the penalty on driving while intoxicated manslaughter for those who have previous DWI convictions. 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 2701 amends the Penal Code to provide that the offense of driving while intoxicated is a Class A misdemeanor if it is shown on the trial of the offense that the person operating the motor vehicle has an alcohol concentration of .15 or more. The bill provides that the offense of intoxication manslaughter is a first degree felony if it is shown on the trial of the offense that the person has previously been convicted two or more times of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, or an offense of operating a watercraft while intoxicated. EFFECTIVE DATE September 1, 2001.