85R6334 JSC-D     By: Metcalf H.B. No. 1327       A BILL TO BE ENTITLED   AN ACT   relating to enhancing the penalty for intoxication assault and   intoxication manslaughter in certain circumstances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 49.09(b-1), (b-2), and (b-3), Penal   Code, are amended to read as follows:          (b-1)  An offense under Section 49.07 is a felony of the   second degree if it is shown on the trial of the offense that the   person:                (1)  caused serious bodily injury to:                      (A)  a peace officer, a firefighter, or emergency   medical services personnel while in the actual discharge of an   official duty;                       (B)  another in the nature of a traumatic brain   injury that results in a persistent vegetative state;                      (C)  more than one person during the same criminal   transaction; or                      (D)  a person who is younger than 17 years of age;                (2)  failed to stop, render aid, or provide information   in violation of Section 550.021 or 550.023, Transportation Code;                (3)  was operating a motor vehicle:                      (A)  without a valid driver's license appropriate   for the class of vehicle being operated in violation of Section   521.021, 521.025, 521.457, 522.011, or 601.371, Transportation   Code; or                      (B)  without evidence of financial responsibility   in violation of Subchapter G, Chapter 601, Transportation Code;                (4)  failed to stop for, fled from, or evaded a pursuing   law enforcement officer in violation of Section 38.04 of this code   or Section 545.421, Transportation Code; or                (5)  had previously been convicted one or more times of   an offense relating to the operating of a motor vehicle while   intoxicated, operating an aircraft while intoxicated, operating a   watercraft while intoxicated, or operating or assembling an   amusement ride while intoxicated.          (b-2)  An offense under Section 49.08 is a felony of the   first degree if it is shown on the trial of the offense that the   person:                (1)  caused the death of:                      (A)  a peace officer, a firefighter, or emergency   medical services personnel while in the actual discharge of an   official duty;                      (B)  more than one person during the same criminal   transaction; or                      (C)  a person who is younger than 17 years of age;                (2)  failed to stop, render aid, or provide information   in violation of Section 550.021 or 550.023, Transportation Code;                (3)  was operating a motor vehicle:                      (A)  without a valid driver's license appropriate   for the class of vehicle being operated in violation of Section   521.021, 521.025, 521.457, 522.011, or 601.371, Transportation   Code; or                      (B)  without evidence of financial responsibility   in violation of Subchapter G, Chapter 601, Transportation Code;                (4)  failed to stop for, fled from, or evaded a pursuing   law enforcement officer in violation of Section 38.04 of this code   or Section 545.421, Transportation Code; or                (5)  had previously been convicted one or more times of   an offense relating to the operating of a motor vehicle while   intoxicated, operating an aircraft while intoxicated, operating a   watercraft while intoxicated, or operating or assembling an   amusement ride while intoxicated [person described by Subsection   (b-1)].          (b-3)  For the purposes of Subsections [Subsection] (b-1)   and (b-2):                (1)  "Emergency medical services personnel" has the   meaning assigned by Section 773.003, Health and Safety Code.                (2)  "Firefighter" means:                      (A)  an individual employed by this state or by a   political or legal subdivision of this state who is subject to   certification by the Texas Commission on Fire Protection; or                      (B)  a member of an organized volunteer   fire-fighting unit that:                            (i)  renders fire-fighting services without   remuneration; and                            (ii)  conducts a minimum of two drills each   month, each at least two hours long.          SECTION 2.  Section 49.09(b-4), Penal Code, is repealed.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2017.