§ 49.09. ENHANCED OFFENSES AND PENALTIES CONTINUED

(c) For the purposes of this section:

(1) "Offense relating to the operating of a motor vehicle while[0] intoxicated[0]" means:

(A) an offense under Section 49.04 or 49.045;
(B) an offense under Section 49.07 or 49.08, if the vehicle operated was a motor vehicle;
(C) an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994;
(D) an offense under Article 6701l-2, Revised Statutes, as that law existed before January 1, 1984;
(E) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a motor vehicle; or
(F) an offense under the laws of another state that prohibit the operation of a motor vehicle while[0] intoxicated[0].

(2) "Offense of operating an aircraft while[0] intoxicated[0]" means:

(A) an offense under Section 49.05;
(B) an offense under Section 49.07 or 49.08, if the vehicle operated was an aircraft;
(C) an offense under Section 1, Chapter 46, Acts of the 58th Legislature, Regular Session, 1963 (Article 46f-3, Vernon's Texas Civil Statutes), as that law existed before September 1, 1994;
(D) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was an aircraft; or
(E) an offense under the laws of another state that prohibit the operation of an aircraft while[0] intoxicated[0].

(3) "Offense of operating a watercraft while[0] intoxicated[0]" means:

(A) an offense under Section 49.06;
(B) an offense under Section 49.07 or 49.08, if the vehicle operated was a watercraft;
(C) an offense under Section 31.097, Parks and Wildlife Code, as that law existed before September 1, 1994;
(D) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a watercraft; or
(E) an offense under the laws of another state that prohibit the operation of a watercraft while[0] intoxicated[0].

(4) "Offense of operating or assembling an amusement ride while[0] intoxicated[0]" means:

(A) an offense under Section 49.065;
(B) an offense under Section 49.07 or 49.08, if the offense involved the operation or assembly of an amusement ride; or
(C) an offense under the law of another state that prohibits the operation of an amusement ride while[0] intoxicated[0] or the assembly of a mobile amusement ride while[0] intoxicated[0].

(d) For the purposes of this section, a conviction for an offense under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 that occurs on or after September 1, 1994, is a final conviction, whether the sentence for the conviction is imposed or probated.

(e) Except as provided by Subsection (f), a conviction may not be used for purposes of enhancement under this section if:

(1) the conviction was a final conviction under Subsection (d);

(2) the offense for which the person is being tried was committed more than 10 years after the latest of:

(A) the date on which the judgment was entered for the previous conviction;
(B) the date on which the person was discharged from any period of community supervision on which the person was placed for the previous conviction;
(C) the date on which the person successfully completed any period of parole on which the person was released after serving a portion of the term to which the person was sentenced for the previous conviction; or
(D) the date on which the person completed serving any term for which the person was confined or imprisoned for the previous conviction; and

(3) the person has not been convicted of an offense under Section 49.04, 49.05, 49.06, 49.065, 49.07, or 49.08 or any offense related to operating a motor vehicle while[0] intoxicated[0] within 10 years of the latest date under Subdivision (2).

(f) A conviction may be used for the purposes of enhancement under this section regardless of when the conviction occurred if the conviction was for an offense under:
(1) Section 49.08 involving the operation of a motor vehicle; or
(2) Section 19.05(a)(2), as that law existed before September 1, 1994, involving the operation of a motor vehicle.

(g) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D.

§ 49.09. ENHANCED OFFENSES AND PENALTIES CONTINUED