2025 · Regular session · Senate bill
SB826
SB826 makes driving while intoxicated in an active school crossing zone a state jail felony.
Official caption: Relating to the operation of a motor vehicle in a school crossing zone while intoxicated; increasing a criminal penalty.
Official report lists Senate author(s): Parker. This does not identify sponsors or amendment drafters.
Bill explanation published · Version and amendment review scope is stated below · Individual amendment records may not be separately annotated.
Bill highlights
Selected points from the published explanation. Follow each point to its source-linked context; conditions and limits may matter.
- SB826 makes driving while intoxicated in an active school crossing zone a state jail felony.
- The prosecution must establish the school-zone circumstance at trial.
- Without an applicable enhancement, DWI is ordinarily a Class B misdemeanor with a 72-hour minimum confinement term.
- Only offenses committed on or after September 1, 2025, are covered.
What does it do?
SB826 makes driving while intoxicated in an active school crossing zone a state jail felony. The new rule applies when the reduced speed limit is in effect, not simply whenever a driver is near a school. The governor signed the bill June 20, 2025; it took effect September 1, 2025. Final act; Official history.
The prosecution must establish the school-zone circumstance at trial. The incorporated definition covers a reduced-speed street zone designated by a local authority to help children cross to or from a public or private elementary or secondary school. The new provision does not require a crash, injury, speeding violation or prior DWI conviction. The underlying offense still requires intoxicated operation of a motor vehicle in a public place. New section 49.04(e); School crossing zone definition; Underlying DWI offense.
Without an applicable enhancement, DWI is ordinarily a Class B misdemeanor with a 72-hour minimum confinement term. The general Class B maximum is 180 days in jail and a $2,000 fine; the ordinary state-jail-felony range is 180 days to two years and a possible fine up to $10,000. These are statutory punishment ranges, not a prediction of a particular sentence. Existing rules for repeat offenses, high alcohol concentrations and other circumstances are not repealed by SB826. Amended penalty provision; Class B range; State jail felony range and exceptions; Existing repeat-offense enhancements.
Only offenses committed on or after September 1, 2025, are covered. If any element occurred before that date, the earlier law continues to govern. Sections 2–3.
What changed along the way?
The five indexed versions—introduced, Senate committee, engrossed, House committee and enrolled—contain the same operative provisions. The official index reports no amendments, and the history records both committees reporting the bill without amendments. No rejected proposal is being presented as law.
For the full amendment record, open the official amendment index.
Official bill versions
Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.
Who could benefit—and who could bear the costs?
Students, families and other road users are the people the school-zone penalty seeks to protect. Drivers convicted under the new provision face felony exposure, and courts, supervision programs and correctional systems may face additional workload. The law does not establish that the higher penalty will reduce impaired driving or guarantee a specific safety result. Enacted rule.
The March 30 fiscal note could not determine the state or local fiscal impact because available data did not identify how many DWI cases occurred in school crossing zones during reduced-speed hours. The criminal-justice impact statement likewise warns of possible additional confinement and longer stays without a quantified forecast. Its statewide DWI totals are not counts of cases that meet this new school-zone condition. SB826 makes no appropriation.
Official sources
- Bill history and latest recorded action
- Bill versions, analyses and fiscal notes
- Action history and votes
- Amendment index
Catalog report retrieved 2026-10-25. Check the official record for corrections or later changes.