H.B. Number 1082 - KLTV.com-Tyler, Longview, Jacksonville, Texas | ETX News

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of the offense of

intoxication assault.

       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)  The punishment prescribed for an [An] offense under

Section 49.07 is increased to the punishment prescribed for the

next higher category of offense [a felony of the second degree] if

it is shown on the trial of the offense that the person caused

bodily injury or serious bodily injury to a peace officer, a

firefighter, or emergency medical services personnel while 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, 2013.