SRC-TAG S.B. 45 78(R) BILL ANALYSIS Senate Research CenterS.B. 45 78R12355 JD-DBy: Zaffirini Criminal Justice 4/16/2003 Committee Report (Amended) 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 a child," 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. Effective date: September 1, 2003. Makes application of this Act prospective. LIST OF COMMITTEE AMENDMENTS COMMITTEE Amendment No.1: Amend S.B. 45 in SECTION 1 of the bill, proposed Section 49.045(a)(2), Penal Code, (on page 1, line 12) by striking "16" and substituting "15".