HB 1482

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
neutral
Limited Government
negative
Individual Liberty
Digest

HB 1482 proposes to amend the Code of Criminal Procedure to expand the list of offenses for which individuals are ineligible for community supervision or parole. Specifically, it adds repeat intoxication offenses under various sections of the Penal Code to the ineligibility criteria, provided the individual has been convicted two or more times for such offenses. This change applies only to offenses committed on or after the Act's effective date of September 1, 2025​.

HB 1482 proposes an amendment to Article 42A.054(a) of the Texas Code of Criminal Procedure, which outlines offenses that are ineligible for community supervision (commonly referred to as probation). The bill specifically targets repeat intoxication offenders, expanding the list of ineligible offenses to include individuals previously convicted two or more times of certain intoxication-related crimes under Chapter 49 of the Penal Code. These offenses include Driving While Intoxicated (DWI), Flying While Intoxicated, Boating While Intoxicated, and related crimes such as Intoxication Assault and Intoxication Manslaughter.

Under current law, repeat offenders of intoxication-related crimes may still be eligible for community supervision at the court’s discretion. HB 1482 would remove this discretion for individuals with at least two prior convictions for any combination of these offenses, effectively mandating incarceration rather than probation upon conviction of a new qualifying offense. This change is intended to increase accountability and public safety by ensuring that individuals with repeated intoxication offenses face more serious consequences.

The bill includes a provision specifying that it applies only to offenses committed on or after its effective date. Offenses committed prior to this date will continue to be governed by the law as it stood at the time of the offense.

The originally filed version of the bill and the Committee Substitute both seek to expand ineligibility for community supervision (probation) under Article 42A.054(a) of the Texas Code of Criminal Procedure. However, there is a significant difference in the scope of punishment addressed by the two versions.

In the originally filed version of HB 1482, the bill explicitly includes both community supervision and parole as areas of ineligibility for certain repeat intoxication offenders​. This signals a broader reach of the bill, impacting not only judicial discretion at sentencing but also decisions made by the Texas Board of Pardons and Paroles regarding early release from incarceration.

By contrast, the Committee Substitute narrows the focus to community supervision only, removing any reference to parole​. This change reflects a legislative decision to limit the scope of the bill to judicial sentencing decisions at the trial level, rather than extending restrictions to the post-sentencing correctional process.

Additionally, both versions maintain identical language in terms of defining which offenses trigger ineligibility—specifically, two or more prior convictions under various sections of Chapter 49 of the Penal Code. They also both include identical transition provisions, ensuring the law applies only to offenses committed on or after September 1, 2025.

In summary, the key difference is that the original bill affected both probation and parole, whereas the substitute version affects only probation. This adjustment likely reflects stakeholder input aiming to strike a balance between public safety and correctional system flexibility.

Author (4)
Terri Leo-Wilson
Stan Gerdes
Shelby Slawson
Valoree Swanson
Co-Author (2)
Jared Patterson
Joanne Shofner
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 1482 are considerable and reflect a complex tradeoff between short-term savings and long-term correctional system costs. According to the Legislative Budget Board’s fiscal note, the bill is projected to have a positive General Revenue impact of approximately $3.1 million during the 2026–2027 biennium. These initial savings stem largely from reduced use of community supervision and short-term reallocations of correctional resources​.

However, the bill’s long-term fiscal outlook shifts dramatically. Starting in 2028, the estimated costs increase sharply due to a rise in prison admissions and longer incarceration periods for repeat intoxication offenders who would otherwise have been eligible for probation or earlier parole. By fiscal year 2030, the projected annual cost to the state rises to over $290 million, primarily due to the higher daily costs of incarcerating individuals in Texas Department of Criminal Justice (TDCJ) facilities ($86.50 per day) compared to the significantly lower cost of felony community supervision ($2.44 per day)​.

The bill would result in more individuals being admitted to state prisons rather than being placed on supervision or into rehabilitation programs such as Substance Abuse Felony Punishment Facilities. It also increases the average time until parole eligibility for those convicted of repeat intoxication offenses, further compounding the cost. The state anticipates approximately 2,904 additional prison admissions per year for these offenses, many of whom would otherwise have received community supervision. Additionally, around 1,665 individuals released to parole under current standards would now serve, on average, one additional year in custody​.

While the bill does not contain a direct appropriation, it establishes a legal framework that could necessitate future appropriations to handle the increased correctional population. The fiscal impact on local governments remains undetermined but would depend on how law enforcement, prosecution, and confinement practices adapt to the new sentencing rules.

Vote Recommendation Notes

HB 1482 removes eligibility for judge-ordered community supervision for individuals convicted two or more times of intoxication-related offenses, including driving, boating, or flying while intoxicated, and intoxication assault or manslaughter. This legislative change is a targeted response to the alarming number of deaths caused by impaired driving in Texas, where such incidents accounted for over 14,000 fatalities between 2014 and 2023​. By concentrating consequences on repeat offenders, the bill reinforces the principle of personal responsibility and prioritizes the safety of the broader community.

While the bill does not create new agencies or expand the formal structure of state government, it does increase the use of existing criminal justice infrastructure. This represents a functional expansion of government enforcement by requiring incarceration instead of community supervision for a specific group of repeat offenders. As such, it increases the operational scope of the Texas Department of Criminal Justice.

Importantly, the bill will increase the financial burden on taxpayers in the long term. Although it shows a positive net fiscal impact in the first two years following enactment—approximately $3.1 million in savings—the costs escalate dramatically beginning in 2028, exceeding $290 million annually by 2030 due to longer prison terms and increased inmate populations​. These costs will be borne by the state and, by extension, taxpayers. However, these costs must be weighed against potential public benefits, such as reduced traffic fatalities, fewer repeat offenses, and decreased healthcare and emergency service costs associated with alcohol-related crashes.

The bill does not increase the regulatory burden on individuals or businesses. It applies only to persons with multiple criminal convictions for specific intoxication-related offenses and does not introduce new compliance requirements, reporting rules, or business regulations.

In conclusion, HB 1482 represents a deliberate and proportionate policy shift that strengthens accountability for repeat dangerous conduct without expanding government overreach or regulatory interference in private affairs. Despite its long-term fiscal impact, Texas Policy Research recommends that lawmakers vote YES on HB 1482.

  • Individual Liberty: The bill limits the discretion of judges to grant probation to certain repeat offenders, which restricts an individual’s opportunity to avoid incarceration even if circumstances may warrant leniency. This reduces individual liberty for those defendants, as it mandates imprisonment based solely on past convictions rather than considering the specific context of each case. However, it does not broadly affect the liberties of the general population.

  • Personal Responsibility: This principle is strongly supported by the bill. By removing probation eligibility for people with two or more prior intoxication-related convictions, the legislation reinforces the idea that individuals must bear the consequences of their repeated harmful behavior. It sends a message that the state takes seriously the responsibility individuals have to avoid endangering others, particularly through impaired driving.

  • Free Enterprise: HB 1482 does not impose any rules, restrictions, or burdens on businesses or economic activity. It is solely focused on criminal sentencing for individuals. Therefore, it has no direct or indirect impact on the principle of free enterprise.

  • Private Property Rights: While not directly related to property law, the bill indirectly supports the right of individuals to enjoy and protect their property—especially their own physical safety and the use of public roads—by targeting behavior (repeat drunk driving) that routinely endangers both lives and property.

  • Limited Government: The bill does not grow government bureaucracy or add new regulatory layers, so it respects structural limits on government. However, it does increase the scope of the criminal justice system by mandating incarceration for more individuals. It also results in significant long-term taxpayer costs. This expansion of the state’s coercive power—through more imprisonments and less judicial flexibility—reflects a philosophical tension with the principle of limited government, though proponents may argue it is justified to protect public safety.

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