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SB745

Regular Session

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

Low
Low Cost
Effective:2025-09-01
Enforcing Agencies

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

SB745
Low
Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Local District AttorneysState and Local Law EnforcementTexas Department of Criminal Jus...
Primary Author: Sen. Lois Kolkhorst
89th Texas Legislature
jdkey.com
01

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.

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 8, 2025
Passed Senate
Apr 10, 2025
Passed House
May 20, 2025
Signed
May 30, 2025
TopicsCriminal ProcedureCriminal Procedure--sentencing & PunishmentVehicles & TrafficVehicles & Traffic--dwi & Duid
03

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

House Sponsor

Rep. Stan GerdesRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Lois Kolkhorst

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about SB745

Q

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).

Q

Who authored SB745?

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

Q

When was SB745 signed into law?

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

Q

Which agencies enforce SB745?

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

Q

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.

Q

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.

Q

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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