83R446 GCB-F
By: Gooden H.B. No. 1082
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of the offense of
intoxication assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.07, Penal Code, is amended to read as
follows:
Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an
offense if the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or
amusement ride while intoxicated, or while operating a motor
vehicle in a public place while intoxicated, by reason of that
intoxication causes bodily injury or serious bodily injury to
another; or
(2) as a result of assembling a mobile amusement ride
while intoxicated causes bodily injury or serious bodily injury to
another.
(b) In this section, "serious bodily injury" means bodily
injury that creates a substantial risk of death or that causes
serious permanent disfigurement or protracted loss or impairment of
the function of any bodily member or organ.
(c) Except as provided by Section 49.09, an offense under
this section is:
(1) a state jail felony if the actor causes bodily
injury to another; or
(2) a felony of the third degree if the actor causes
serious bodily injury to another.
SECTION 2. Section 49.09(b-1), Penal Code, is amended to
read as follows:
(b-1) The punishment prescribed for an [An] offense under
Section 49.07 is increased to the punishment prescribed for the
next higher category of offense [a felony of the second degree] if
it is shown on the trial of the offense that the person caused
bodily injury or serious bodily injury to a peace officer, a
firefighter, or emergency medical services personnel while in the
actual discharge of an official duty.
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
covered by the law in effect when 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, 2013.