Skip to main content

HB 3207

AN ACT relating to the prosecution and punishment of the offense of

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

← Back to Bills

Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Modifies penalties for intoxication assault, increasing criminal charges when serious bodily injury is caused to specific individuals like firefighters, emergency medical services personnel, peace officers, or judges while they are on duty. The legislation escalates the offense from a state jail felony or third-degree felony to a second-degree or first-degree felony depending on the victim and severity of injury, with the changes applying to offenses committed on or after September 1, 2025.

Subject Areas

Bill Text

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
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
(2)  as a result of assembling a mobile amusement ride
while intoxicated causes bodily injury or serious bodily injury to
(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
(1)  a state jail felony if the actor causes bodily
(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
(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
(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.

Bill History

filed

Bill filed: AN ACT relating to the prosecution and punishment of the offense of