Relating to the prosecution and punishment of the offense of intoxication assault; increasing a criminal penalty.

89(R) HB 3207 - Introduced version - Bill Text

89R8866 CJD-D

By: Dean

H.B. No. 3207

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of the offense of

intoxication assault; increasing a criminal penalty.

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) 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
:

(A)
serious bodily injury to a firefighter or

emergency medical services personnel while in the actual discharge

of an official duty; or

(B)

bodily injury to a peace officer while the

officer was 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 peace officer or judge while the officer or judge was 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, 2025.