By: Reynolds H.B. No. 3193
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for intoxication assault and
intoxication manslaughter; changing eligibility for mandatory
supervision, parole, and community supervision; increasing
criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.060 to read as follows:
Art. 42A.060. PLACEMENT ON COMMUNITY SUPERVISION
PROHIBITED FOR CERTAIN INTOXICATION MANSLAUGHTER OFFENSES.
Notwithstanding any other provision of this chapter, a defendant is
not eligible for community supervision under this chapter if the
defendant is convicted of an offense under Section 49.08, Penal
Code, for which the punishment was increased under Section
49.09(b-2)(2), Penal Code.
SECTION 2. Section 508.145(a), Government Code, is amended
to read as follows:
(a) An inmate is not eligible for release on parole if the
inmate is under sentence of death, serving a sentence of life
imprisonment without parole, or serving a sentence for any of the
following offenses under the Penal Code:
(1) Section 20A.03, if the offense is based partly or
wholly on conduct constituting an offense under Section
20A.02(a)(5), (6), (7), or (8);
(2) Section 21.02;
(3) Section 22.021, if the offense is punishable under
Subsection (f) of that section;
(3-a) Section 49.08, if the offense was punished under
Section 49.09(b-2)(2); or
(4) Section 51.03 or 51.04.
SECTION 3. Section 508.149(a), Government Code, is amended
to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code;
(16) an offense under Section 21.02, Penal Code;
(17) a first degree felony under Section 15.03, Penal
Code;
(18) an offense under Section 43.05, Penal Code;
(19) an offense under Section 20A.02, Penal Code;
(20) an offense under Section 20A.03, Penal Code;
(21) a first degree felony under Section 71.02 or
71.023, Penal Code;
(22) an offense under Section 481.1123, Health and
Safety Code, punished under Subsection (d), (e), or (f) of that
section;
(23) a second degree felony under Section 22.01, Penal
Code; [or]
(24) an offense under Section 22.01, Penal Code,
punished under Subsection (b)(2), (7), or (8) of that section; or
(25) an offense under Section 49.08, Penal Code, for
which the punishment was increased under Section 49.09(b-2)(2),
Penal Code.
SECTION 4. Sections 49.09(b-1) and (b-2), Penal Code, are
amended to read as follows:
(b-1) An offense under Section 49.07 is:
(1) a felony of the second degree if it is shown on the
trial of the offense that the person caused serious bodily injury to
a child younger than 10 years of age [firefighter or emergency
medical services personnel while in the actual discharge of an
official duty]; or
(2) a felony of the first degree if it is shown on the
trial of the offense that the person caused serious bodily injury to
a firefighter, emergency medical services personnel, peace
officer, [or] judge, or prosecutor while the firefighter, emergency
medical services personnel, officer, [or] judge, or prosecutor was
in the actual discharge of an official duty.
(b-2) An offense under Section 49.08 is:
(1) a felony of the first degree if it is shown on the
trial of the offense that the person:
(A) has previously been convicted:
(i) 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
(ii) two times of any other offense
relating to the operating of a motor vehicle while intoxicated,
operating an aircraft while intoxicated, operating a watercraft
while intoxicated, or operating or assembling an amusement ride
while intoxicated; or
(B) caused the death of:
(i) a child younger than 10 years of age; or
(ii) more than one individual during the
same criminal transaction; or
(2) a felony of the first degree with a minimum term of
confinement of 15 years if it is shown on the trial of the offense
that the person caused the death of a person described by Subsection
(b-1)(2) [(b-1)].
SECTION 5. Section 49.09(c), Penal Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Prosecutor" means a county attorney, district
attorney, criminal district attorney, assistant county attorney,
assistant district attorney, or assistant criminal district
attorney.
SECTION 6. 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 7. This Act takes effect September 1, 2025.