§ 49.09. ENHANCED OFFENSES AND PENALTIES.

(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[0] intoxicated[0], an offense of operating an aircraft while[0] intoxicated[0], an offense of operating a watercraft while[0] intoxicated[0], or an offense of operating or assembling an amusement ride while[0] intoxicated[0].

(b) An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:

     (1) one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or
     (2) two times of any other offense relating to the operating of a motor vehicle while[0] intoxicated[0], operating an aircraft while[0] intoxicated[0], operating a watercraft while[0] intoxicated[0], or operating or assembling an amusement ride while[0] intoxicated[0].

§ 49.09. ENHANCED OFFENSES AND PENALTIES CONTINUED