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".