Texas
Texas Hit and Run Laws: Penalties and What to Do
Texas classifies hit-and-run as a criminal offense under Transportation Code 550.021, with penalties that scale from a Class C misdemeanor for minor property damage to a second-degree felony carrying 2 to 20 years in prison when a collision results in death.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Texas Car Accident Settlement Calculator.
Overview of Texas Hit and Run Laws
Last verified: March 2026. This page reflects current Texas Transportation Code Chapter 550 and applicable penalty classifications.
Texas Transportation Code Chapter 550 governs the duties of drivers involved in motor vehicle collisions. Under this chapter, any driver involved in an accident must stop immediately, provide identifying information, and render reasonable assistance to injured persons.
Leaving the scene of an accident without fulfilling these obligations is a criminal offense in Texas. The penalties scale with the severity of the collision, ranging from a minor misdemeanor fine for low-value property damage all the way to a second-degree felony for accidents involving death.
Texas treats hit-and-run offenses seriously. Prosecutors can and do upgrade charges when evidence warrants it, and courts have imposed sentences as long as 50 years when hit-and-run conduct is paired with other criminal charges such as murder.
Primary Statute Reference: Texas Transportation Code Chapter 550, Sections 550.021 through 550.067
Quick Summary of Texas Hit and Run Penalties
| Offense Type | Classification | Maximum Penalty |
|---|---|---|
| Property damage under $200 | Class C Misdemeanor | $500 fine, no jail |
| Property damage $200 or more | Class B Misdemeanor | 180 days jail, $2,000 fine |
| Injury (not serious bodily injury) | Felony | Up to 5 years prison, $5,000 fine |
| Serious bodily injury | Third-Degree Felony | 2 to 10 years prison, $10,000 fine |
| Death | Second-Degree Felony | 2 to 20 years prison, $10,000 fine |
| Intoxication manslaughter | Second-Degree Felony | 2 to 20 years prison, $10,000 fine |
Driver Duties After a Collision
Section 550.021 of the Texas Transportation Code establishes four specific obligations for any driver involved in a collision that results in, or is reasonably likely to result in, injury or death.
You must:
- Stop immediately at the scene of the collision or as close as safely possible without blocking traffic.
- Return to the scene if your vehicle is not stopped at the exact location of the collision.
- Determine whether anyone needs help by investigating whether a person is involved and whether that person requires assistance.
- Remain at the scene until you have complied with the information exchange and aid requirements of Section 550.023.
Information You Must Provide
Under Section 550.023, you must give the following to any injured person, or to the driver or occupant of another vehicle involved in the collision:
- Your full name and address
- The registration number of the vehicle you were operating
- The name of your motor vehicle liability insurance provider
- Your driver license, if requested
You must also provide reasonable assistance to anyone who is injured. This includes arranging transportation to a hospital or medical facility if it is apparent that treatment is necessary, or if the injured person requests it.
Unattended Vehicle Collisions
Under Section 550.024, if you strike a parked or unattended vehicle, you must make a reasonable effort to locate the owner. If you cannot find the owner, you must leave a written note in a conspicuous place on the vehicle. That note must include your name, address, and a description of the circumstances of the collision.
Failing to leave a note or locate the owner is itself a criminal offense under Texas law.
Collisions With Fixed Objects
Section 550.025 addresses collisions involving fixtures or highway landscaping adjacent to a highway. If you strike a fixture, such as a guardrail, sign, or other structure, you must take reasonable steps to locate and notify the owner or person in charge of the property. If you cannot locate the owner, you must report the collision to law enforcement.
Reporting Requirements
Texas law requires you to report certain collisions to law enforcement. Under Section 550.026, you must immediately report any accident that results in:
- Death of any person
- Injury to any person
- Damage to a vehicle so severe that it cannot be safely driven from the scene
You must report to the local police department if the accident occurred within a municipality. For accidents outside municipal limits, report to the county sheriff or the nearest Texas Department of Public Safety (DPS) office.
Additionally, a reportable crash in Texas is any collision resulting in death, injury, or property damage that appears to exceed $1,000. Law enforcement officers who investigate such crashes must file a written report with TxDOT within 10 days of the collision.
When Hit and Run Is a Misdemeanor
Leaving the scene of an accident that involves only property damage is classified as a misdemeanor under Section 550.022 of the Texas Transportation Code.
Class C Misdemeanor: If the total property damage is below $200, or if the driver unnecessarily blocked traffic when the vehicle was still operational, the offense is a Class C misdemeanor. The maximum penalty is a fine of $500 with no jail time.
Class B Misdemeanor: If the property damage is $200 or more, the offense is elevated to a Class B misdemeanor. A conviction carries a maximum sentence of 180 days in county jail and a fine of up to $2,000.
Even though misdemeanor hit-and-run charges may sound minor, a conviction still creates a criminal record. This can affect employment, professional licensing, and insurance rates for years.
When Hit and Run Is a Felony
Under Section 550.021, leaving the scene of a collision becomes a felony when the accident involves personal injury or death. Texas law creates three tiers of felony punishment.
Injury (Not Serious Bodily Injury)
If the collision caused an injury that does not rise to the level of "serious bodily injury," the offense is punishable by imprisonment in the Texas Department of Criminal Justice for up to five years, or confinement in county jail for up to one year, and a fine of up to $5,000. This category covers injuries such as minor fractures, cuts requiring stitches, or soft-tissue injuries.
Serious Bodily Injury
If the collision resulted in serious bodily injury, the offense is a third-degree felony. Under Texas Penal Code Section 1.07, "serious bodily injury" means an injury that creates a substantial risk of death, causes death, causes permanent disfigurement, or results in the long-term loss or impairment of a bodily organ or limb.
A third-degree felony conviction carries a prison sentence of 2 to 10 years and a fine of up to $10,000.
Death
If the collision resulted in death, the offense is a second-degree felony. A conviction carries a prison sentence of 2 to 20 years and a fine of up to $10,000.
Each person struck, injured, or killed may constitute a separate offense. A driver who flees a collision that injures three people could face three separate felony charges with consecutive penalties.
Intoxication Manslaughter
Operating a vehicle while intoxicated and causing a death is charged separately under Texas Penal Code Section 49.08 as intoxication manslaughter, a second-degree felony. If the driver also fled the scene, both the intoxication manslaughter charge and the failure to stop and render aid charge apply. These charges can run consecutively, significantly increasing total prison exposure.
Section 19.05 of the Texas Penal Code addresses criminally negligent homicide, classified as a state jail felony punishable by up to two years in a state jail facility and a $10,000 fine.
Driver License Consequences
A hit-and-run conviction triggers automatic driver license action by the Texas Department of Public Safety (DPS). According to DPS enforcement guidelines, a failure to stop and render aid (FSRA) conviction results in:
- First offense: One-year license suspension
- Second or subsequent offense: 18-month license suspension
Reinstatement requires payment of all applicable fees and compliance with any court-ordered conditions. During the suspension period, driving on a suspended license is a separate criminal offense that can result in additional fines and jail time.
Criminal Statute of Limitations
Texas law sets time limits on how long prosecutors have to file criminal charges for hit-and-run offenses. Under the Texas Code of Criminal Procedure, Chapter 12:
- Misdemeanor hit and run (property damage only): Prosecutors must file charges within two years from the date of the offense (Art. 12.02).
- Felony hit and run involving injury: Prosecutors must file charges within three years from the date of the offense (Art. 12.01, the catch-all for felonies not otherwise listed).
- Hit and run involving death: There is no statute of limitations. Art. 12.01(1)(F) sets no limitation for leaving the scene of a collision under Section 550.021 when the collision resulted in the death of a person.
- Criminally negligent homicide: This offense is not named in any specific category of Art. 12.01, so the general three-year felony period applies.
- Intoxication manslaughter: Art. 12.01(1)(A) sets no limitation for "murder and manslaughter," but Chapter 12 does not mention intoxication manslaughter (Penal Code 49.08) by name. Anyone facing this charge should get advice from a Texas criminal defense attorney on which period applies.
- Murder charges: If a hit-and-run case is later upgraded to murder, there is no statute of limitations (Art. 12.01(1)(A)).
For civil lawsuits, the statute of limitations is two years for personal injury, wrongful death, and property damage claims from the date of the accident. If you were hurt by a driver who fled, ask a Texas car accident lawyer for a free claim review before those two years run out (attorney advertising).
Insurance Implications
For the Hit-and-Run Driver
A hit-and-run conviction will likely result in significantly higher insurance premiums. Some insurers may refuse to renew your policy or decline to provide coverage entirely. Your insurer may also deny claims related to accidents where you failed to follow legal requirements.
For the Victim: Uninsured Motorist Coverage
If you are the victim of a hit and run in Texas and the other driver cannot be identified, your own uninsured motorist (UM) coverage can help cover your losses.
The Texas Department of Insurance (TDI) explains that all auto insurers in Texas must offer UM coverage to every policyholder. You are not required to carry it, but if you decline, you must do so in writing.
UM coverage can pay for medical expenses, lost wages, and pain and suffering. Uninsured motorist property damage (UMPD) coverage can pay for vehicle repairs or replacement.
To file a UM claim after a hit and run:
- Report the hit and run to law enforcement as soon as possible
- Notify your insurance company within the time limits stated in your policy
- There must have been physical contact between your vehicle and the unidentified vehicle
- All UM/UIM coverage in Texas is subject to a $250 deductible
Texas Crash Statistics
According to the Texas Department of Transportation (TxDOT) 2024 Crash Facts report:
- 4,150 traffic fatalities occurred in Texas in 2024, a 3.29% decrease from 4,291 in 2023
- 768 pedestrian fatalities were recorded in 2024
- Texas continues to have one of the highest traffic fatality rates in the nation due to its large population and extensive road network
Hit-and-run crashes remain a significant concern across the state. Law enforcement agencies actively investigate these cases regardless of the property damage amount involved.
Notable Cases
Harris County Murder Conviction (2025): A hit-and-run driver in Cypress was sentenced to 50 years in prison after being convicted of murder in connection with the death of 20-year-old Destin Quintero. The driver was initially charged with failure to stop and render aid but was later upgraded to murder and aggravated assault charges in 2024, demonstrating how hit-and-run cases can escalate to much more serious charges.
Southeast Texas Probation Case (2025): De'Andre Smith pleaded guilty to collision involving death and received a probation sentence from Judge Raquel West in the 252nd District Court. This case illustrates that outcomes vary significantly based on the circumstances and judicial discretion.
What to Do If You Are Involved in a Collision
Whether you caused the collision or not, following these steps protects your legal rights and ensures compliance with Texas law:
- Stop your vehicle at or near the scene. Never drive away, even if the damage appears minor.
- Check for injuries. Call 911 if anyone is hurt or if the collision is serious.
- Move vehicles out of traffic if it is safe to do so and the vehicles are operable.
- Exchange information with all other involved drivers: name, address, insurance provider, vehicle registration, and driver license.
- Document the scene. Take photos of vehicle damage, the surrounding area, road conditions, and any visible injuries.
- Collect witness information. Get names and phone numbers of anyone who saw the collision.
- Report the collision to law enforcement if it involved death, injury, or property damage exceeding $1,000.
- Contact your insurance company promptly to report the collision.
- Seek medical attention even if you feel fine. Some injuries do not present symptoms immediately.
What to Do If You Are the Victim of a Hit and Run
If another driver strikes your vehicle and flees:
- Do not pursue the fleeing driver. Chasing can put you and others at risk.
- Note as many details as possible: vehicle make, model, color, license plate number, and direction of travel.
- Look for witnesses and ask if anyone recorded the incident on a dashcam or phone.
- Call law enforcement and file a police report immediately.
- Document the damage to your vehicle and any injuries with photographs.
- Contact your insurance company and ask about filing a UM/UIM claim if the other driver is not found.
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Frequently Asked Questions
Do police investigate minor hit-and-run accidents in Texas?
Yes. Leaving the scene of any collision without fulfilling your legal obligations is a criminal offense in Texas, regardless of the damage amount. Police investigate hit-and-run cases at all levels. If you are the victim, collect as much evidence as possible, including witness contact information, dashcam footage, and a description of the other vehicle.
Can I leave the scene to help an injured person get to a hospital?
Yes. Section 550.023 of the Texas Transportation Code specifically permits you to transport an injured person to a medical facility if they request it or if immediate treatment is clearly necessary. However, you should report the accident to law enforcement as soon as possible afterward.
What if I feared for my safety at the scene of the accident?
Fear for your safety may serve as a defense, but it does not eliminate your legal obligations. Texas courts expect you to report the accident immediately using the quickest means of communication available. Driving to the nearest police station and filing a report promptly strengthens this defense.
How long do I have to file a civil lawsuit after a hit and run in Texas?
You have two years from the date of the accident to file a personal injury, wrongful death, or property damage claim. This is the civil statute of limitations. Criminal charges have separate time limits: two years for misdemeanors, three years for most felonies, and no time limit when the collision resulted in a death.
Will a hit-and-run conviction affect my car insurance rates?
Yes. A hit-and-run conviction will likely result in significantly higher insurance premiums. Some insurers may decline to renew your policy. Additionally, your driver license will be suspended for at least one year, and you may need to obtain an SR-22 certificate of financial responsibility before reinstatement.
Updates
Corrected the criminal statute of limitations section: Texas sets no time limit for prosecuting a hit and run that caused a death, and the page no longer states a three-year limit for intoxication manslaughter.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Texas Transportation Code
§ 550.021COLLISION INVOLVING PERSONAL INJURY OR DEATHIn force
(a) The operator of a vehicle involved in a collision that results or is reasonably likely to result in injury to or death of a person shall: (1) immediately stop the vehicle at the scene of the collision or as close to the scene as possible; (2) immediately return to the scene of the collision if the vehicle is not stopped at the scene of the collision; (3) immediately determine whether a person is involved in the collision, and if a person is involved in the collision, whether that person requires aid; and (4) remain at the scene of the collision until the operator complies with the requirements of Section 550.023. (b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary. (c) A person commits an offense if the person does not stop or does not comply with the requirements of this section.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 550.022COLLISION INVOLVING DAMAGE TO VEHICLEIn force
(a) Except as provided by Subsection (b), the operator of a vehicle involved in a collision resulting only in damage to a vehicle that is driven or attended by a person shall: (1) immediately stop the vehicle at the scene of the collision or as close as possible to the scene of the collision without obstructing traffic more than is necessary; (2) immediately return to the scene of the collision if the vehicle is not stopped at the scene of the collision; and (3) remain at the scene of the collision until the operator complies with the requirements of Section 550.023. (b) If a collision occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator's vehicle as soon as possible to a designated collision investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic. (c) A person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Richard Stevens Wells v. State of Texas (Texas Court of Appeals, 9th District (Beaumont) 2002)“…Ann. §§ 49.01 (2)(A), 49.04(a), (b) (Vernon Supp. 2002); Tex. Transp. Code Ann. §§ 550.022 , 550.023 (Vernon 1999). The trial cou…”
- In Re CT (Texas Court of Appeals, 13th District 2001, 43 S.W.3d 600)“…the offense of failure to stop and leave information under Texas Transportation Code, section 550.022. Tex. Transp. Code Ann. § 550.022 (Ve…”
- Birdwell v. State (Texas Court of Appeals, 14th District (Houston) 1999, 10 S.W.3d 74)“…ested and available, his driver’s license. See Tex.Transp.Code Ann, §§ 550.022(a), 550.023 (Vernon 1999). Failure to c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 550.023DUTY TO GIVE INFORMATION AND RENDER AIDIn force
The operator of a vehicle involved in a collision resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall: (1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision; (2) if requested and available, show the operator's driver's license to a person described by Subdivision (1); and (3) provide any person injured in the collision reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 31 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Garcia, Filogonio (Texas Court of Appeals, 13th District 2000)“…the injured person requests the transportation. Tex. Transp. Code Ann. § 550.023 (Vernon 1999). The purpose of the "s…”
- Huffman v. State (Court of Criminal Appeals of Texas 2008, 267 S.W.3d 902)“…io 2007). . Tex. Transp. Code § 550.21. . See Tex. Transp. Code § 550.023. . 234 S.W.3d at 193-94 .…”
- St. Clair v. State (Texas Court of Appeals, 10th District (Waco) 2000, 26 S.W.3d 89)“…if the injured person requests the transportation.” Tex.Transp.Code Ann. § 550.023 (Vernon 1999). Because section 5…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 550.024DUTY ON STRIKING UNATTENDED VEHICLEIn force
(a) The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and: (1) locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or (2) leave in a conspicuous place in, or securely attach in a plainly visible way to, the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision. (b) A person commits an offense if the person violates Subsection (a). An offense under this section is: (1) a Class C misdemeanor, if the damage to all vehicles involved is less than $200; or (2) a Class B misdemeanor, if the damage to all vehicles involved is $200 or more.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Craig Anthony Keeton v. State (Texas Court of Appeals, 2nd District (Fort Worth) 2014)“…suppress, and this appeal followed. 3 See Tex. Transp. Code Ann. § 550.024(a) (West 2011).…”
- Genaro Fonseca Costilla v. State (Texas Court of Appeals, 3rd District (Austin) 2010)“…vehicle. See Tex. Penal Code Ann. § 49.04(a) (West 2003); Tex. Transp. Code Ann. § 550.024 (West 1999). The trial court sentenced…”
- State v. Caves (Court of Appeals of Texas 2016, 496 S.W.3d 153)“…if the damage to all vehicles involved is $200 or more. Tex. Transp. Code Ann. § 550.024 (West 2011).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 550.025DUTY ON STRIKING STRUCTURE, FIXTURE, OR HIGHWAY LANDSCAPINGIn force
(a) The operator of a vehicle involved in a collision resulting only in damage to a structure adjacent to a highway or a fixture or landscaping legally on or adjacent to a highway shall: (1) take reasonable steps to locate and notify the owner or person in charge of the property of the collision and of the operator's name and address and the registration number of the vehicle the operator was driving; and (2) if requested and available, show the operator's driver's license to the owner or person in charge of the property. (b) A person commits an offense if the person violates Subsection (a). An offense under this section is: (1) a Class C misdemeanor, if the damage to all fixtures and landscaping is less than $200; or (2) a Class B misdemeanor, if the damage to all fixtures and landscaping is $200 or more.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Bryson Mead v. the State of Texas (Texas Court of Appeals, 2nd District (Fort Worth) 2024)“…a highway” of a collision that damaged any of those items. Tex. Transp. Code Ann. § 550.025(a).3 The face of this statute does not…”
- Ex Parte Austin Michaelis (Texas Court of Appeals, 2nd District (Fort Worth) 2022)“…asonable steps” to locate and notify the property’s owner. Tex. Transp. Code Ann. § 550.025(a). Failure to do so is a misdemeanor…”
- Leslie Jones Burks v. State (Texas Court of Appeals, 14th District (Houston) 2018)“…oubt, that appellant failed to comply with her duties under Texas Transportation Code section 550.025. Section 550.025 makes it an off…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 550.026IMMEDIATE REPORT OF COLLISIONIn force
(a) The operator of a vehicle involved in a collision resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision to the: (1) local police department if the collision occurred in a municipality; (2) local police department or the sheriff's office if the collision occurred not more than 100 feet outside the limits of a municipality; or (3) sheriff's office or the nearest office of the department if the collision is not required to be reported under Subdivision (1) or (2). (b) If a section of road is within 100 feet of the limits of more than one municipality, the municipalities may agree regarding the maintenance of reports made under Subsection (a)(2). A county may agree with municipalities in the county regarding the maintenance of reports made under Subsection (a)(2). An agreement under this subsection does not affect the duty to report a collision under Subsection (a).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2002
Opinions citing this section in our collection:
- State v. Stevenson (Court of Appeals of Texas 1999, 993 S.W.2d 857)“…43, 1947 Tex. Gen. Laws 967 , 975 (current version at Tex. Transp. Code Ann. § 550.026 (Vernon 1999)). 38…”
- Richard Justin Kirby v. State of Texas (Texas Court of Appeals, 12th District (Tyler) 2002)“…report an accident under Subsection (a). Tex. Transp. Code Ann. § 550.026 (Vernon 1999). Appellant argues that…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Texas Penal Code
§ 1.07DEFINITIONSIn forcecited in 6 of our articles
(a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor." (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code. (5) "Another" means a person other than the actor. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (7) "Benefit" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 1,805 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Grotti v. State (Court of Criminal Appeals of Texas 2008, 273 S.W.3d 273)“…an individual as “a human being who has been and is alive.” Tex. Penal Code § 1.07(a)(26). Death, however, is defined in t…”
- Lane v. State (Court of Criminal Appeals of Texas 2004, 151 S.W.3d 188)“…or review. As we noted in footnote two, supra, Texas Penal Code § 1.07(a)(17) provides, in relevant part, that…”
- Banda v. State (Court of Criminal Appeals of Texas 1994, 890 S.W.2d 42)“…may endanger himself or another. Id. (Emphasis added.) Tex.Penal Code Ann. § 1.07(a)(40) [3] defines "public place": "…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Assault vs Battery in Texas: Assault Classes, Felonies and Penalties, Texas Extortion Laws: Theft by Coercion, Sextortion and Penalties, Texas Felony Degrees and Misdemeanor Classes: Sentences (2026)
§ 49.08INTOXICATION MANSLAUGHTERIn forcecited in 4 of our articles
(a) A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 163 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wooten v. State (Texas Court of Appeals, 14th District (Houston) 2008, 267 S.W.3d 289)“…causes the death of another person by accident or mistake. Tex. Penal Code Ann. § 49.08 (a) (Vernon 2003); Garcia v. Sta…”
- Glauser v. State (Texas Court of Appeals, 1st District (Houston) 2001, 66 S.W.3d 307)“…y a jury of two charges of intoxication manslaughter. See Tex.Penal Code § 49.08. The jury assessed punishment at four y…”
- Reidweg v. State (Texas Court of Appeals, 4th District (San Antonio) 1998, 981 S.W.2d 399)“…and mistake causing the death of another. See Tex. Penal Code Ann. § 49.08 (a) (Vernon 1994). The jury sentenced R…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Manslaughter Degrees Explained: First, Second, and Third, Texas DWI Laws: Penalties, BAC Limit & License (2026), Texas Manslaughter Laws: Reckless, Negligent and Intoxication (2026)
§ 19.05CRIMINALLY NEGLIGENT HOMICIDEIn forcecited in 2 of our articles
(a) A person commits an offense if he causes the death of an individual by criminal negligence. (b) An offense under this section is a state jail felony.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 159 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Tyra v. State (Court of Criminal Appeals of Texas 1995, 897 S.W.2d 796)“…permissible in involuntary manslaughter prosecutions under Tex.Penal Code Ann. § 19.05(a)(2)? The majority ultimately holds th…”
- Gowans v. State (Texas Court of Appeals, 1st District (Houston) 1999, 995 S.W.2d 787)“…dant was charged with involuntary manslaughter under former Texas Penal Code section 19.05(a)(2). 4 The issue in…”
- Reidweg v. State (Texas Court of Appeals, 4th District (San Antonio) 1998, 981 S.W.2d 399)“…defendant was charged with involuntary manslaughter under Tex. Penal Code Ann. § 19.05 (a)(2). Id. at 783, 785 .…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): Texas Transportation Code § 550.001 (APPLICABILITY OF CHAPTER)
Related law for further reading — not part of this article’s citations.
Sources and References
- Texas Transportation Code Chapter 550 - Collisions and Collision Reports(statutes.capitol.texas.gov).gov
- Texas Code of Criminal Procedure Chapter 12 - Limitation(statutes.capitol.texas.gov).gov
- Texas DPS - Crash Suspension and Driver License Enforcement(dps.texas.gov).gov
- TxDOT - Annual Texas Motor Vehicle Crash Statistics(txdot.gov).gov
- Texas Department of Insurance - Uninsured Motorist Coverage(tdi.texas.gov).gov
- Texas DPS - Driver License Enforcement Actions (Form DL-176)(dps.texas.gov).gov
- TxDOT - Instructions to Police for Reporting Crashes (2025 Edition)(txdot.gov).gov
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