By: King S.B. No. 2320     A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal punishment for certain driving   while intoxicated offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 49.04(b), (c), and (d), Penal Code, are   amended to read as follows:          (b)  Except as provided by Subsections (c) and (d) and   Section 49.09, an offense under this section is a Class A [B]   misdemeanor, with a minimum term of confinement of 72 hours.          (c)  If it is shown on the trial of an offense under this   section that at the time of the offense the person operating the   motor vehicle had an open container of alcohol in the person's   immediate possession, the offense is a Class A [B] misdemeanor,   with a minimum term of confinement of six days.          (d)  If it is shown on the trial of an offense under this   section that an analysis of a specimen of the person's blood,   breath, or urine showed an alcohol concentration level of 0.15 or   more at the time the analysis was performed, the offense is a state   jail felony [Class A misdemeanor].          SECTION 2.  Section 49.09(a), Penal Code, is amended to read   as follows:          (a)  Except as provided by Subsection (b), [an offense under   Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor,   with a minimum term of confinement of 30 days,] if it is shown on the   trial of the offense that the person has previously been convicted   one time of an offense relating to the operating of a motor vehicle   while intoxicated, an offense of operating an aircraft while   intoxicated, an offense of operating a watercraft while   intoxicated, or an offense of operating or assembling an amusement   ride while intoxicated:                (1)  an offense under Section 49.05, 49.06, or 49.065   is a Class A misdemeanor with a minimum term of confinement of 30   days; and                (2)  an offense under Section 49.04 is a state jail   felony.          SECTION 3.  The changes in law made by this Act apply 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, 2025.