SB3031

Regular Session

Relating to the punishment for the offense of aggravated assault.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Public Safety • Local Law Enforcement Agencies • District Attorneys

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: August 1, 2025 (Policies and training must be active prior to the effective date to mitigate liability).
Agency Rulemaking: None. This is a Penal Code amendment; clarification will not come from agencies but through judicial case law (court rulings) after arrests occur.

Immediate Action Plan

Audit Insurance: Review Commercial Auto policies for "criminal acts" exclusions that may leave the company exposed given the lowered felony threshold.
Update Handbooks: Explicitly prohibit firearms in *company-owned* vehicles (as opposed to personal vehicles) and mandate reporting of any roadside altercations.
Retrain Drivers: Roll out de-escalation training specifically targeting road rage scenarios before Q3 2025.
Review Vetting: Tighten hiring criteria for any role involving a company vehicle to exclude candidates with a history of violent misdemeanors or felonies.

Operational Changes Required

Contracts

Employment Agreements: Update codes of conduct to explicitly state that unauthorized weapon discharge or brandishing while in a company vehicle constitutes grounds for immediate termination for cause.
Vendor Agreements (3PL): Logistics and delivery contracts must require vendors to certify they maintain road rage de-escalation policies and weapons restrictions. Update indemnification clauses to cover criminal acts by vendor employees to the fullest extent of the law.

Hiring/Training

Driver Vetting: Background checks must specifically flag prior history of violence or weapons charges, not just driving infractions.
Training Modules: Standard defensive driving is insufficient. You must implement specific "Road Rage De-escalation" training.
Policy Acknowledgments: Require signed acknowledgments from all drivers regarding the company's strict "No Weapons in Company Vehicles" policy (distinct from personal vehicles protected by Labor Code Ch. 52).

Reporting & Record-Keeping

Incident Response: Dispatch and HR protocols must treat *any* report of a weapon display involving a company vehicle as a critical legal event requiring immediate counsel engagement.
Vetting Files: Maintain granular records of driver screening to defend against future negligent entrustment claims.

Fees & Costs

Direct Costs: None.
Indirect Costs: Potential increase in Commercial Auto and General Liability premiums. Expect increased legal defense costs if insurers issue Reservation of Rights letters due to the "intentional/criminal act" nature of the new felony classification.

Strategic Ambiguities & Considerations

The statute introduces the phrase "directly en route to or from a motor vehicle" without defining the physical distance or time duration.

The Risk: This expands the "danger zone" from the vehicle interior to parking lots, loading docks, and sidewalks.
The Warning: Because there is no agency rulemaking, this definition will be set by judges. Until appellate courts rule otherwise, businesses must assume any altercation occurring in a parking lot or during the walk to/from a company vehicle falls under this First Degree Felony statute.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed

Filed

TopicsCrimes Crimes--against Persons Crimes--against Persons--general

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 3031
89R1447 JDK-D	By: Huffman
	State Affairs
	4/11/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Road rage incidents pose serious dangers not only to the aggressor and the victim, but also to other motorists�especially when a firearm is involved.

S.B. 3031 expands the definition of "aggravated assault" to include incidents in which an individual is inside of or directly en route to or from a motor vehicle and discharges a firearm�causing bodily injury to any person, property damage, or placing any person in fear of imminent serious bodily injury. An offense under this bill would be punishable as a second-degree felony.

As proposed, S.B. 3031 amends current law relating to the punishment for the offense of aggravated assault.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 22.02(b), Penal Code, as follows:

(b) Provides that an offense under Section 22.02 (Aggravated Assault) is a felony of the second degree, except that the offense is a felony of the first degree if certain conditions are met, including if the actor is inside of or directly en route to or from a motor vehicle, rather than if the actor is in a motor vehicle, as defined by Section 501.002 (Definitions), Transportation Code, and performs certain actions, including, in discharging a firearm, causing bodily injury, rather than serious bodily injury, to any person or damage to any property or placing any person in fear of imminent serious bodily injury. Makes nonsubstantive changes.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Joan HuffmanRepublican · Primary Author

House Sponsor

Rep. Ann JohnsonDemocrat · Primary Sponsor

Bill Text(with markup)

S.B. No. 3031

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the punishment for the offense of aggravated assault.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 22.02(b), Penal Code, is amended to read
	as follows:
	(b) An offense under this section is a felony of the second
	degree, except that the offense is a felony of the first degree if:
	(1) the actor uses a deadly weapon during the
	commission of the assault and causes:
	(A) serious bodily injury to a person whose
	relationship to or association with the defendant is described by
	Section 71.0021(b), 71.003, or 71.005, Family Code; or
	(B) a traumatic brain or spine injury to another
	that results in a persistent vegetative state or irreversible
	paralysis;
	(2) regardless of whether the offense is committed
	under Subsection (a)(1) or (a)(2), the offense is committed:
	(A) by a public servant acting under color of the
	servant's office or employment;
	(B) against a person the actor knows is a public
	servant while the public servant is lawfully discharging an
	official duty, or in retaliation or on account of an exercise of
	official power or performance of an official duty as a public
	servant;
	(C) in retaliation against or on account of the
	service of another as a witness, prospective witness, informant, or
	person who has reported the occurrence of a crime;
	(D) against a person the actor knows is a process
	server while the person is performing a duty as a process server; or
	(E) against a person the actor knows is a
	security officer while the officer is performing a duty as a
	security officer;
	(3) the actor is inside of or directly en route to or
	from [in] a motor vehicle, as defined by Section 501.002,
	Transportation Code, and:
	(A) knowingly discharges a firearm at or in the
	direction of a habitation, building, or vehicle;
	(B) is reckless as to whether the habitation,
	building, or vehicle is occupied; and
	(C) in discharging the firearm:
	(i)[,] causes [~~serious~~] bodily injury to any
	person or damage to any property; or
	(ii) places any person in fear of imminent
	serious bodily injury; or
	(4) the actor commits the assault as part of a mass
	shooting.
	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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 12, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB3031 by Huffman (Relating to the punishment for the offense of aggravated assault.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would increase the penalty for the offense of aggravated assault from a second degree felony to a first degree felony in certain cases of being in or en route to or from a motor vehicle and discharging a firearm.

It is assumed that 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, 304 Comptroller of Public Accounts

LBB Staff:

JMc, WP, AMr, MGol

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Frequently Asked Questions

Common questions about SB3031

What does Texas SB3031 do?

SB 3031 drastically increases the criminal and civil liability risks for businesses operating fleets by elevating firearm discharges involving motor vehicles to a First Degree Felony. The law removes the requirement for "serious bodily injury" in these contexts, meaning mere property damage or placing a person in fear now triggers the highest level of felony liability, exposing employers to heightened negligent entrustment claims and potential insurance coverage denials. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 1, 2025 (Policies and training must be active prior to the effective date to mitigate liability).

Who authored SB3031?

SB3031 was authored by Texas Senator Joan Huffman during the Regular Session.

When was SB3031 signed into law?

SB3031 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB3031?

SB3031 is enforced by Texas Department of Public Safety, Local Law Enforcement Agencies and District Attorneys.

How urgent is compliance with SB3031?

The compliance urgency for SB3031 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB3031?

The cost impact of SB3031 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB3031 address?

SB3031 addresses topics including crimes, crimes--against persons and crimes--against persons--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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