SB3031

Previously, this first-degree category required the actor to be in a motor vehicle and, while knowingly firing at or toward a habitation, building or vehicle and acting recklessly about whether it was occupied, to cause serious bodily injury. The act changes the location requirement to being inside or directly en route to or from the motor vehicle. It changes the required consequence to bodily injury to any person, damage to any property, or placing any person in fear of imminent serious bodily injury. The knowing-discharge and reckless-occupancy conditions remain. Final law, section 22.02(b)(3).

This is a grading rule for aggravated assault, not a statement that every shot near a vehicle is automatically a first-degree felony. The underlying aggravated-assault requirements still must be met, along with this category’s specific conditions. The other first-degree categories printed in the act, including specified victim relationships and mass shootings, were not newly created by SB3031. Final law, section 22.02(b).

The introduced, Senate-report, engrossed, House-report and enrolled versions have the same operative changes. Representative Virdell proposed deleting the separate “fear of imminent serious bodily injury” alternative while retaining bodily injury and property damage. That House amendment failed on May 21, 2025; the fear alternative remained in the final law. There was no conference report. Introduced bill; Failed House amendment; Amendment disposition; All versions.

The change applies only to offenses committed on or after September 1, 2025. If any element occurred before then, the former law continues to govern that offense. Final law, sections 2–3.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

More qualifying assaults can carry the higher felony classification even without serious bodily injury, and the actor need not still be inside the vehicle. This increases potential punishment exposure for affected defendants and expands the cases prosecutors may charge under this first-degree category. It does not establish guilt in a particular case or demonstrate a reduction in shootings. Final law.

The only posted fiscal note anticipates no significant state fiscal impact and assumes effects on correctional populations and resources would not be significant. It likewise assumes no significant local costs for enforcement, prosecution, supervision or confinement. Those are fiscal estimates, not a finding that no additional incarceration or costs can occur. Fiscal note.