Relating to increasing the criminal penalty and changing the eligibility for community supervision, mandatory supervision, and parole for certain persons convicted of intoxication manslaughter.
LowStandard timeline
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Department of Criminal Justice • Board of Pardons and Paroles • Texas Criminal Courts
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Immediate effect due to supermajority passage).
Compliance Deadline:June 20, 2025. You must ensure no drivers currently operating company vehicles fit the enhanced penalty profile by this date.
Agency Rulemaking: None. This is a Penal Code enhancement enforced by the courts; there is no "grace period" or regulatory rollout.
Immediate Action Plan
1.Immediate Roster Audit: Run fresh MVRs and criminal background checks on all employees with driving duties before June 20.
2.Cross-Reference Check: Specifically flag any driver with a prior DWI. If flagged, immediately re-verify their I-9 and work authorization status.
3.Update Fleet Policy: Revise safety manuals to mandate immediate termination of driving duties upon any DWI arrest, regardless of conviction status.
4.Notify Brokers: Consult your insurance broker regarding "Negligent Entrustment" coverage limits in light of these new criminal enhancements.
Operational Changes Required
Contracts
Master Service Agreements (MSAs): You must amend agreements with logistics, delivery, and construction subcontractors. Insert clauses requiring vendors to certify that no drivers assigned to your projects have disqualifying prior DWI convictions combined with unresolved immigration status.
Indemnification: Strengthen indemnity clauses to specifically cover criminal acts by subcontractor employees, explicitly referencing enhanced penalties under HB2017.
Hiring/Training
Vetting Protocol Integration: Siloed background checks are no longer sufficient. You must cross-reference Motor Vehicle Records (MVR) with Work Authorization (I-9) data. A candidate with a prior DWI is now a critical liability if their work authorization is tenuous.
Continuous Monitoring: Implement "infinity monitoring" for driver licenses. Annual checks are insufficient; you need real-time alerts for any new DWI arrest to pull the driver immediately.
Reporting & Record-Keeping
Enhanced Driver Qualification Files (DQF): Document the specific dates of MVR reviews and work authorization verifications. In the event of an accident, these records will be your primary defense against gross negligence claims.
I-9 Audits: Conduct an immediate internal audit of I-9 forms for all drivers. Ensure Section 2 (Employer Review) is perfectly executed to prove good faith verification of status.
Fees & Costs
Insurance Premiums: Anticipate scrutiny from excess/umbrella carriers. Underwriters may demand higher deductibles or exclude coverage for drivers with *any* prior alcohol-related offenses to avoid the risk associated with this statute.
Background Check Costs: Budget for increased spending on continuous MVR monitoring services.
Strategic Ambiguities & Considerations
Definition of "Violation of Chapter 51": The statute ties the penalty to the Texas Penal Code for "Illegal Entry." It is legally ambiguous whether a driver with a *lapsed* visa (civil violation) versus one who crossed illegally (criminal violation) triggers the enhancement.
*Business Logic:* Do not rely on this distinction. If a driver lacks active, verifiable work authorization, they are a liability.
Prosecutorial Discretion: Enforcement intensity will vary by county. However, civil liability exists regardless of whether the local DA pursues the maximum criminal enhancement.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
In October 2024, 29-year-old Grayson Davis was hit and killed in Bastrop County by a suspected drunk driver without legal U.S. citizenship who was charged with intoxication manslaughter, as reported by CBS Austin. The bill author has informed the committee that increasing the minimum term of imprisonment for intoxication manslaughter would help ensure undocumented immigrants, should they be held in Texas, have enough time to rehabilitate and guarantee the criminal justice system has enough time to serve its purpose. H.B. 2017 seeks to honor Mr. Davis and prevent further tragedies like this one from occurring by increasing the mandatory minimum term of imprisonment for intoxication manslaughter to 10 years if it is shown on the trial of the offense that at the time of the offense the person was present in the United States following the commission of an offense involving illegal entry into Texas.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2017 amends the Penal Code to increase the mandatory minimum term of imprisonment for the offense of intoxication manslaughter from two years, as provided generally for second degree felonies, to 10 years if it is shown on the trial of the offense that at the time of the offense the person was present in the United States following the commission of an offense involving illegal entry into Texas.
H.B. 2017 amends the Code of Criminal Procedure to make a defendant ineligible for community supervision, including deferred adjudication community supervision, if the defendant is charged with or convicted of intoxication manslaughter and it is shown on the trial of the offense that at the time of the offense the person was present in the United States following the commission of an offense involving illegal entry into Texas.
H.B. 2017 amends the Government Code to make an inmate serving a sentence for intoxication manslaughter ineligible for release on parole until their actual calendar time served, without consideration of good conduct time, equals 10 years if it is shown on the trial of the offense that at the time of the offense the person was present in the United States following the commission of an offense involving illegal entry into Texas. The bill also prohibits such an inmate from being released to mandatory supervision unless their actual calendar time served, without consideration of good conduct time, equals at least 10 years and they are otherwise eligible for release.
H.B. 2017 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
Honorable Sam Harless, Chair, House Committee on Corrections
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2017 by Gerdes (Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for certain persons convicted of intoxication manslaughter.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would set a minimum 10 year term of imprisonment for persons convicted of intoxication manslaughter who are shown at trial to have been present in this country at the time of that offense in violation of the offense of illegal entry into this state. The bill would also remove community supervision as a sentence option for these offenders.
It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 697 Board of Pardons and Paroles
LBB Staff:
JMc, MGol, DGI
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HB2017 ("Grayson’s Law") creates a new, severe liability standard for fleet operators by mandating a 10-year minimum prison sentence for intoxication manslaughter if the driver has a prior DWI and is in violation of state illegal entry laws. While this is a criminal statute, it effectively establishes a "per se" negligence trap for employers; failing to identify drivers with this specific risk profile (DWI history + immigration status issues) exposes companies to catastrophic "nuclear verdicts" under negligent entrustment theories. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority passage).
Q
Who authored HB2017?
HB2017 was authored by Texas Representative Stan Gerdes during the Regular Session.
Q
When was HB2017 signed into law?
HB2017 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB2017?
HB2017 is enforced by Texas Department of Criminal Justice, Board of Pardons and Paroles and Texas Criminal Courts.
Q
How urgent is compliance with HB2017?
The compliance urgency for HB2017 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB2017?
The cost impact of HB2017 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB2017 address?
HB2017 addresses topics including aliens, corrections, corrections--parole, probation & pardons, crimes and crimes--against persons.
Legislative data provided by LegiScanLast updated: November 25, 2025
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