89R11224 CJD-F     By: Kitzman H.B. No. 5379       A BILL TO BE ENTITLED   AN ACT   relating to increasing the punishment for certain intoxication   offenses and creating the criminal offense of continuous driving   while intoxicated.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 49.045(b), Penal Code, is amended to   read as follows:          (b)  Except as provided by Section 49.09, an [An] offense   under this section is a state jail felony.          SECTION 2.  Section 49.09, Penal Code, is amended by   amending Subsections (b-1) and (b-2) and adding Subsection (b-5) to   read as follows:          (b-1)  An offense under Section 49.07 is:                (1)  a felony of the second degree if it is shown on the   trial of the offense that the person:                      (A)  caused serious bodily injury to a firefighter   or emergency medical services personnel while in the actual   discharge of an official duty; or                      (B)  has previously been convicted of an offense   under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07,   or 49.08; or                (2)  a felony of the first degree if it is shown on the   trial of the offense that the person caused serious bodily injury to   a peace officer or judge while the officer or judge was in the   actual discharge of an official duty.          (b-2)  An offense under Section 49.08 is a felony of the   first degree if it is shown on the trial of the offense that the   person:                (1)  caused the death of a person described by   Subsection (b-1); or                (2)  has previously been convicted of an offense under   Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or   49.08.          (b-5)  An offense under Section 49.045 is a felony of the   second degree if it is shown on the trial of the offense that the   person has previously been convicted of an offense under Section   49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08.          SECTION 3.  Chapter 49, Penal Code, is amended by adding   Section 49.095 to read as follows:          Sec. 49.095.  CONTINUOUS DRIVING WHILE INTOXICATED. (a) A   person commits an offense if, during a period that is 12 months or   less in duration, the person engages two or more times in conduct   that constitutes an offense under Section 49.04.          (b)  If a jury is the trier of fact, members of the jury are   not required to agree unanimously on which specific conduct engaged   in by the defendant constituted an offense under Section 49.04, the   exact date on which that conduct occurred, or the county in which   each instance of the conduct occurred. The jury must agree   unanimously that the defendant, during a period that is 12 months or   less in duration, engaged two or more times in conduct that   constitutes an offense under Section 49.04.          (c)  The defendant may not be convicted in the same criminal   action of another offense an element of which is any conduct that is   alleged as an element of the offense under Subsection (a) unless the   other offense:                (1)  is charged in the alternative;                (2)  occurred outside the period in which the offense   alleged under Subsection (a) was committed; or                (3)  is considered by the trier of fact to be a lesser   included offense of the offense alleged under Subsection (a).          (d)  A defendant may not be charged with more than one count   under Subsection (a) for conduct occurring during the same period   described by Subsection (a).          (e)  An offense under this section is a felony of the third   degree.          SECTION 4.  The changes in law made by this Act apply 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 5.  This Act takes effect September 1, 2025.