Texas Penal Code, § 49.045. DRIVING WHILE INTOXICATED WITH CHILD
(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor
vehicle in a public place; and
(2) the vehicle being operated by the person is
occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a state jail felony.
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