Monitoring the Session

SB 2799

Creighton Bill Makes Reckless Driving A Felony If Anyone’s Hurt

Did not pass

Verdict: Smells

SmellsInitial review
Sen. Brandon CreightonRSenate 4
Why it's charged
Already a crime

THE TEXT

“a felony of the third degree if it is shown on the”…

Bill text, introduced version (I)

The bill itself admits the same conduct may already be an offense under other law and allows prosecution under both. Based on general knowledge of Texas law, recklessly hurting someone is already covered by Penal Code assault and aggravated assault provisions, so the overlap is likely but not shown in this text.

Already a crime

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to increasing the criminal penalty for the offense of reckless driving.

Caption from analyzed text · version I.

Summary

Serious injury means third-degree felony. Prosecutors may use this law, another, or both.

This bill raises the punishment for reckless driving when someone else gets hurt. Reckless driving stays a misdemeanor with up to a $200 fine and 30 days in jail, but it becomes a state jail felony if another person suffers bodily injury and a third-degree felony if another person suffers serious bodily injury. It also lets prosecutors charge under this section, another law, or both, starting with conduct on or after September 1, 2025.

Labels

Labels: GOT HALFWAY. Passed the Senate on May 16, 2025. Died in the House: voted out of the Criminal Jurisprudence committee 9-0, no floor vote.

Receipt

The receipt

89R-SB2799 · 2025-03-14

SOLD BY

ITEM

relating to increasing the criminal penalty for the offense of reckless driving.

WHAT IT DOES

Serious injury means third-degree felony. Prosecutors may use this law, another, or both.

This bill raises the punishment for reckless driving when someone else gets hurt. Reckless driving stays a misdemeanor with up to a $200 fine and 30 days in jail, but it becomes a state jail felony if another person suffers bodily injury and a third-degree felony if another person suffers serious bodily injury. It also lets prosecutors charge under this section, another law, or both, starting with conduct on or after September 1, 2025.

CHARGES

[x] ALREADY A CRIMEanalysis confidence 45%

THE TEXT

“a felony of the third degree if it is shown on the”…

Bill text, introduced version (I)

The bill itself admits the same conduct may already be an offense under other law and allows prosecution under both. Based on general knowledge of Texas law, recklessly hurting someone is already covered by Penal Code assault and aggravated assault provisions, so the overlap is likely but not shown in this text.

TOTAL

No first-year general revenue figure available here.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · May 5, 2025

Increasing the penalty for an existing offense from a misdemeanor to a felony may result in additional demands upon state correctional resources due to a possible increase in the number of individuals confined. The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of outcomes outlined in the bill's provisions that would be subject to felony punishment.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Transportation
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken in committee
  8. Vote taken in committee
  9. Reported favorably w/o amendments
  10. Recommended for local & uncontested calendar
  11. Committee report printed and distributed
  12. Placed on intent calendar
  13. Rules suspended-Regular order of business
  14. Read 2nd time & passed to engrossment
  15. Vote recorded in Journal
  16. Three day rule suspended
  17. Record vote
  18. Read 3rd time
  19. Passed
  20. Record vote
  21. Reported engrossed
  22. Received from the Senate
  23. Read first time
  24. Referred to Criminal Jurisprudence
  25. Considered in formal meeting
  26. Reported favorably w/o amendment(s)
  27. Comte report filed with Committee Coordinator
  28. Committee report distributed
  29. Committee report sent to Calendars
  30. Considered in Calendars
  31. Placed on General State Calendar
FILED UNDER

No verified beat found.

SIGNED FOR BY

Senate · 29 yea · 2 nay

Sources

Senate: Final passage · May 16, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Donors report through Friends of Brandon Creighton.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

$0 raised since Jul 1, 2024. Derived sum of published report totals. blank in the state's data, consistent with zero. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

Report 101060909: Published total from the filed report. Retrieved Oct 29, 2026. Filed report 101060909

$0 spent Jan 1, 2026 to Jun 30, 2026. Published total from the filed report. Flow, Jan 1, 2026 through Jun 30, 2026. State filing data as of Nov 4, 2026. 1 of 1 filed reports carry a published figure.

Report 101060909: Published total from the filed report. Retrieved Oct 29, 2026. Filed report 101060909

$0 cash on hand. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

$0 loans outstanding. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

Derived sum of itemized contributions in regular reports and uncovered special-session dates. Unitemized contributions are not included. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes3

Senate May 16, 2025

Yea
29
Nay
2
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 29 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 16, 2025

Yea
29
Nay
2
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 2799 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 2.

Published stock of positions for this vote, except where marked derived.

  • Yea: 29 (published)
  • Nay: 2 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 16, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

Senator Creighton moved to suspend the regular order of business to take up for consideration SB 2799 at this time on its second reading: SB 2799, Relating to increasing the criminal penalty for the offense of reckless driving. The motion prevailed. Senators Cook and Hagenbuch asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses9
For
8
Against
0
On
1
Names

For

  • AAA Texas1 registration
  • Austin Police Association1 registration
  • CLEAT1 registration
  • Houston Police Officers Union (HPOU)1 registration
  • Montgomery County District Attorney's Office1 registration
  • Sheriffs' Association of Texas1 registration
  • Texas Municipal Police Association (TMPA)1 registration
  • Texas Police Chiefs Association1 registration

On

  • DPS1 registration
Sources

9 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No first-year general revenue figure available here.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · May 5, 2025

Increasing the penalty for an existing offense from a misdemeanor to a felony may result in additional demands upon state correctional resources due to a possible increase in the number of individuals confined. The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of outcomes outlined in the bill's provisions that would be subject to felony punishment.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas Senate · Filed Mar 14, 2025

05/26/2025 H Placed on General State Calendar

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Sponsors

House committee · Criminal Jurisprudence · Committee vote 9 aye, 0 nay, 2 absent · Out of committee

Senate committee · Transportation · Committee vote 8 aye, 0 nay, 1 absent · Out of committee

Subjects

Crimes--Against Persons--General

Vehicles & Traffic--Rules of Road

Text

The text as introduced · 317 words

89R12589 MZM-D

By: Creighton
S.B. No. 2799

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalty for the offense of

reckless driving.

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

SECTION 1. Section 545.401, Transportation Code, is amended

by amending Subsection (b) and adding Subsections (b-1), (e), and

(f) to read as follows:

(b) Subject to Subsection (b-1), an [ An ] offense under this

section is a misdemeanor punishable by:

(1) a fine not to exceed $200;

(2) confinement in county jail for not more than 30

days; or

(3) both the fine and the confinement.

(b-1) Notwithstanding Subsection (b), an offense under this

section is:

(1) a state jail felony if it is shown on the trial of

the offense that another person suffered bodily injury as a result

of the offense; and

(2) a felony of the third degree if it is shown on the

trial of the offense that another person suffered serious bodily

injury as a result of the offense.

(e) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

(f) In this section, "bodily injury" and "serious bodily

injury" have the meanings assigned by Section 1.07, Penal 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.