By W. Clay Abbott
TDCAA DWI Resource Prosecutor in Austin
Usually I read about new laws at the end of the legislative session with a sense of impending doom and cynical resignation. It is nice, while in that frame of mind, to find a change in law that shatters the gloom and suspicion and generates a heartfelt and out-loud declaration of, “What a great idea!” This happened for me this session not once but twice, and I feel compelled to share.
New intox manslaughter enhancement
SB 745 by State Sen. Lois Kolkhorst (R-Brenham) amends §49.09 (b-2) of the Penal Code to make intoxication manslaughter of “more than one person during the same criminal transaction” a first-degree felony. So, for offenses committed on or after September 1, 2025, causing the death of more than one person joins causing the death of a peace officer as a first-degree felony. For any prosecutor who has ever faced an intoxication manslaughter case with multiple victims, this probably sounds like great news. Now instead of filing multiple cases or counts, detailing all that to a jury, and trying to explain “stacking” to a bereaved family, filing a single first-degree felony seems so clear and easy. A new punishment range of five to 99 years or life will not simplify proving intoxication or causation, nor will it make these cases less complicated or easier to try, but it will give a much more realistic and fair range of punishment for those drivers who leave multiple bodies in their alcohol- or drug-impaired wakes. Credit for starting the ball rolling on this legislation goes to now-retired former Washington County DA Julie Renken, who first proposed it to Sen. Kolkhorst back in 2023. Thanks, Julie!
Charging this offense should look like and follow the same rules of pleading as §19.03(a)(7) (capital murder by killing more than one person). The statutory language is the same. In the last edition of this publication there was a great article by William Hix in McLennan County on reasons one might choose to charge impaired driving crashes resulting in death as something other than intoxication manslaughter.[1] While this new enhancement will not change any of the well-laid-out reasons to take an alternative charging route in the death of a single individual, this increased punishment range for multiple deaths might make it a far better choice.
Yes, this new law will put prosecutors in the position of “putting all of our eggs in one basket,” but that is how most of us were proceeding already. And one last admonition: Get ready to qualify a jury on probation for killing more than one person. (Ah, there is the doom and gloom I usually start with!)
DWI in a school-crossing zone
From many jurisdictions, I have heard of a very troubling type of DWI case with unique proof issues. Here’s how it often goes: Mom gets loaded on drugs and/or alcohol, then drives to get in line to pick up her children from school. Other parents and school employees notice her impairment and intervene, and prosecutors are left with just a Class B misdemeanor charge—and issues proving operation.
But isn’t being impaired while waiting to pick up your kids as bad as driving them home impaired? Is there a worse place and time to drive intoxicated than the school pick-up or drop-off line?
Well, apparently the Texas Legislature agrees. SB 826 by State Sen. Tan Parker (R-Flower Mound) amends §49.04 of the Penal Code and makes DWI a state jail felony if “the person was operating the motor vehicle in a school crossing zone during the time the reduced speed limit applies to the zone.” It seems to make perfect sense we treat DWI with a child passenger the same as DWI in a school crossing zone. What a great idea to protect kids both inside the impaired driver’s car and crossing in front of the impaired driver’s car. Or as we have repeatedly seen, headed to the impaired driver’s car for their ride home.
Sign up now to host DWI training in 2026
As we have for the last several years, TDCAA will bring training on DWI and other intoxication-related topics to cities across the state. We can provide one-day training to your town (or one close to you) completely free of charge, both for prosecutors and peace officers.
If you want this training, you’ll need to apply for it. We ask that you find us a free place to hold the course and maybe provide some coffee and snacks. We handle everything else: CLE and TCOLE credit, speakers, registration, free publications for attendees, and fun training with me and a hand-picked collection of the best prosecutors in the state who handle impaired driving cases. Our season for this training runs from December 2025 until June 2026.
To apply to host us, you can either track down me or Kaylene Braden at the Annual Conference in September and we can give you a paper application, or you can email Kaylene at Kaylene [email protected] and she will send you an application. Applications should be available around the Annual (mid to late September) and are due to Kaylene by November 14.
We hope to see you in your county in 2026!
[1] www.tdcaa.com/journal/how-to-charge-roadway-fatalities-involving-intoxication.