SRC-AMY S.B. 45 78(R) BILL ANALYSIS Senate Research CenterS.B. 45 By: Zaffirini Criminal Justice 8/15/2003 Enrolled DIGEST AND PURPOSE Under current Texas law, a person who is driving while intoxicated (DWI) and has a child in the motor vehicle can be charged with child endangerment. However the DWI, the lesser charge, will not be prosecuted, because child endangerment is a state felony. S.B. 45 creates a new offense, "DWI with child passenger," as a state jail felony. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 49, Penal Code, by adding Section 49.045, as follows: Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) Provides that a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place and the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. (b) Provides that an offense under this section is a state jail felony. SECTION 2. Amends Section 49.09(c)(1), Penal Code, to include a reference to Section 49.045. SECTION 3. Amends Section 49.10, Penal Code, to make a conforming change. SECTION 4. Effective date: September 1, 2003. Makes application of this Act prospective.