Tex. Pen. Code § 49.08 : PENAL CODE — OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS — INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES — Intoxication Manslaughter TEXT PDF (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. Tex. Pen. Code § 49.08 Amended By Acts 2007, 80th Leg., R.S., Ch. 662, Sec. 3, eff. 9/1/2007. Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 11, eff. 1/1/2000. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994.