SB745

Regular Session

Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Local District Attorneys • Texas Department of Criminal Justice • State and Local Law Enforcement

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: August 31, 2025 (All fleet policies and vendor contracts must be updated prior to this date).
Agency Rulemaking: None. This is a self-executing Penal Code amendment; no regulatory agency will issue guidance or grace periods.

Immediate Action Plan

1. Audit Driver Rosters: Run fresh MVR checks on all employees with driving privileges immediately; terminate or reassign any with recent alcohol-related flags.
2. Implement Continuous Monitoring: Subscribe to a real-time license monitoring service before Q3 2025.
3. Review Insurance Limits: Consult with your broker regarding umbrella coverage adequacy in light of increased punitive damage exposure.
4. Update Fleet Safety Policy: Distribute a memo explaining the new law and re-affirming the company's zero-tolerance policy for impaired driving.

Operational Changes Required

Contracts

Vendor/Subcontractor MSAs: Update Master Service Agreements to mandate immediate notification of any driver DUI/DWI arrest. Strengthen indemnification clauses to explicitly cover criminal acts by subcontractor employees.
Employment Agreements: Revise "Termination for Cause" provisions. Ensure that an *indictment* (not just conviction) under Texas Penal Code Section 49.08 triggers immediate suspension or termination to mitigate negligent retention liability.

Hiring/Training

Continuous Monitoring: Move from annual Motor Vehicle Record (MVR) checks to continuous monitoring services (e.g., SambaSafety, SuperVision) to detect license suspensions or DWI arrests in real-time.
Zero-Tolerance Acknowledgement: Require all drivers to sign an updated acknowledgment stating they understand that multi-victim intoxication manslaughter is now a First-Degree Felony and grounds for immediate dismissal.
Dram Shop (Hospitality): Re-certify all staff in TABC seller-server training immediately. Document refusal-of-service incidents religiously to establish a "Safe Harbor" defense.

Reporting & Record-Keeping

Defensive Documentation: Maintain granular logs of all driver safety training, specifically modules covering impaired driving. In the event of a catastrophic accident, these records are your primary defense against "failure to train" allegations.
Incident Response: Update accident response protocols to include immediate preservation of evidence regarding the driver's sobriety (or lack thereof) independent of police reports.

Fees & Costs

No Direct State Fees: The bill imposes no new filing fees.
Insurance Premiums: Anticipate scrutiny from excess/umbrella liability carriers. Fleets lacking continuous monitoring protocols may face premium hikes or coverage exclusions.

Strategic Ambiguities & Considerations

"Same Criminal Transaction": The statute applies the enhancement if deaths occur during the "same criminal transaction." Defense attorneys will argue that accidents separated by time or distance are separate transactions to avoid the First-Degree charge. Business Logic: Do not rely on this legal nuance. Treat any multi-impact or multi-victim event as a maximum-liability scenario.
Civil Liability Crossover: The law does not explicitly state how a First-Degree conviction impacts civil liability caps. However, plaintiff attorneys will argue that a conviction under this enhanced statute constitutes "Gross Negligence" *per se*, potentially bypassing standard liability caps.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCriminal Procedure Criminal Procedure--sentencing & Punishment Vehicles & Traffic Vehicles & Traffic--dwi & Duid

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 745
89R3573 CJD-F	By: Kolkhorst
	Criminal Justice
	3/28/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, the criminal offense of intoxication manslaughter is classified as a felony of the second degree, punishable by a fine of up to $10,000 and two to 20 years imprisonment in the Texas Department of Criminal Justice.

Outside of an agreement with the state, if a defendant is charged with multiple counts of intoxication manslaughter and pleads guilty, the sentencing is limited to the maximum offense for a single count of intoxication manslaughter. If a defendant pleads not guilty and the case advances to trial, even if the jury finds the defendant guilty and recommends the maximum sentence in each case, the judge has the sole discretion to stack sentences.

There have been cases in which multiple individuals have been killed by a drunk driver who received a maximum sentence of one count of intoxication manslaughter. In these cases, victims' families have advocated for a change in the current sentencing structure for those charged with multiple counts of intoxication manslaughter. S.B. 745 provides an additional sentencing option for prosecutors by creating a new first degree felony offense for intoxication manslaughter for defendants who cause the death of more than one individual.

As proposed, S.B. 745 amends current law relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.

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 49.09(b-2), Penal Code, as follows:

(b-2) Provides that an offense under Section 49.08 (Intoxication Manslaughter) is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of more than one person during the same criminal transaction. Makes nonsubstantive changes.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

House Sponsor

Rep. Stan GerdesRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 745

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to enhancing the criminal penalty for the offense of
	intoxication manslaughter in certain circumstances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 49.09(b-2), Penal Code, is amended to
	read as follows:
	(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 caused the death of:
	(1) a person described by Subsection (b-1); or
	(2) more than one person during the same criminal
	transaction.
	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


March 30, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB745 by Kolkhorst (Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would enhance the penalty from a second-degree to a first-degree felony for intoxication manslaughter, if it is shown at trial that the actor caused the death of more than one person during the offense.

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, MGol, AMr

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Frequently Asked Questions

Common questions about SB745

What does Texas SB745 do?

SB745 elevates intoxication manslaughter to a First-Degree Felony when multiple fatalities occur in a single criminal transaction, exposing defendants to life imprisonment. For businesses, this drastically increases the "nuclear verdict" risk in parallel civil litigation; if an employee driver or over-served patron triggers this statute, the heightened criminal severity will be leveraged to establish gross negligence and secure punitive damages against the employer or establishment. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 31, 2025 (All fleet policies and vendor contracts must be updated prior to this date).

Who authored SB745?

SB745 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

When was SB745 signed into law?

SB745 was signed into law by Governor Greg Abbott on May 30, 2025.

Which agencies enforce SB745?

SB745 is enforced by Local District Attorneys, Texas Department of Criminal Justice and State and Local Law Enforcement.

How urgent is compliance with SB745?

The compliance urgency for SB745 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB745?

The cost impact of SB745 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB745 address?

SB745 addresses topics including criminal procedure, criminal procedure--sentencing & punishment, vehicles & traffic and vehicles & traffic--dwi & duid.

Legislative data provided by LegiScanLast updated: November 25, 2025

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