89R13147 CJD-F
By: Olcott H.B. No. 4883
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the criminal penalty for the offense of
intoxication assault in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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:
(A) the person caused serious bodily injury to a
firefighter or emergency medical services personnel while in the
actual discharge of an official duty; or
(B) the person has previously been convicted:
(i) one time of an offense under Section
49.07 or 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 49.07 or 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
(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 peace officer or judge while the officer or judge was in the
actual discharge of an official duty.
(b-2) An offense under Section 49.08 is a felony of the
first degree if it is shown on the trial of the offense that the
person caused the death of a person described by Subsection
(b-1)(1)(A) or (2) [(b-1)].
SECTION 2. 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
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 3. This Act takes effect September 1, 2025.