Little’s bill raising DWI penalty in school crossing zones

The text as introduced · 260 words

By: Little
H.B. No. 3236

A BILL TO BE ENTITLED

AN ACT

relating to the operation of a motor vehicle in a school crossing

zone while intoxicated; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 49.04, Penal Code, is amended by

amending Subsection (b) and adding Subsection (e) to read as

follows:

(b) Except as provided by Subsections (c) , [ and ] (d) , and

(e) and Section 49.09, an offense under this section is a Class B

misdemeanor, with a minimum term of confinement of 72 hours.

(e) If it is shown on the trial of an offense under this

section that at the time of the offense the person was operating the

motor vehicle in a school crossing zone during the time the reduced

speed limit applies to the zone, the offense is a state jail felony.

In this subsection, "school crossing zone" has the meaning assigned

by Section 541.302, Transportation Code.

SECTION 2. 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

governed by the law in effect on the date 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 3. This Act takes effect September 1, 2025.