HBA-MPM H.B. 232 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 232 By: West, George Criminal Jurisprudence 2/10/1999 Introduced BACKGROUND AND PURPOSE Current state law provides that first-time DWI offenders serve terms of confinement ranging from 72 hours to six days. Similarly, the minimum term of confinement for first-time offenders who are operating an aircraft or watercraft while intoxicated is 72 hours. H.B. 232 increases the minimum term of confinement for a person convicted of the offense of driving, flying, or boating while intoxicated to 30 days, rather than 72 hours. 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. (a) Amends Section 49.04(b), Penal Code, to set forth a minimum term of confinement of 30 days, rather than 72 hours, if a person is convicted of driving while intoxicated and to make a conforming change. (b) Repealer: Section 49.04(c), Penal Code, which states that if it is shown on the trial of an offense 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 B misdemeanor, with a minimum term of confinement of six days. SECTION 2. Makes a conforming change. SECTION 3. Makes a conforming change. SECTION 4. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 5. Emergency clause.