HB 2017

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

HB 2017, titled Grayson’s Law, amends the Texas Penal Code, Code of Criminal Procedure, and Government Code to enhance penalties and limit eligibility for certain forms of post-conviction release in cases involving intoxication manslaughter. Specifically, the bill increases the minimum prison sentence to 10 years for individuals convicted of intoxication manslaughter under Section 49.08 of the Penal Code if it is shown at trial that the individual was unlawfully present in the United States following the commission of an offense under Chapter 51 of the Penal Code, which addresses human smuggling and related crimes.

The bill further prohibits such individuals from receiving community supervision (including deferred adjudication), mandatory supervision, or parole unless they have served the full 10 years of their sentence in actual calendar time. Good conduct time will not count toward eligibility for early release in these cases. This provision applies to both community supervision eligibility (Art. 42A.059, Code of Criminal Procedure) and parole laws (Sections 508.145 and 508.147, Government Code), effectively creating a mandatory minimum term for qualifying offenders.

HB 2017 includes a savings clause clarifying that its provisions apply only to offenses committed on or after its effective date. Offenses committed before this date remain subject to the laws in effect at the time of the offense. The bill responds to concerns about repeat offenses involving unlawful immigration status and violent outcomes such as intoxication manslaughter, aiming to deter future incidents through stricter sentencing and restricted leniency.

Author (4)
Stan Gerdes
Nate Schatzline
Terri Leo-Wilson
Katrina Pierson
Co-Author (7)
Ben Bumgarner
Richard Hayes
Janis Holt
David Lowe
Brent Money
Alan Schoolcraft
Joanne Shofner
Sponsor (1)
Brent Hagenbuch
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2017 is not expected to have a significant fiscal impact on the state. The bill mandates a minimum 10-year prison sentence for certain individuals convicted of intoxication manslaughter who were unlawfully present in the country following a prior offense under Chapter 51 of the Penal Code. It also eliminates the possibility of community supervision (including deferred adjudication), parole, or mandatory supervision before the completion of the 10-year sentence.

The analysis assumes that the number of offenders affected by the enhanced sentencing requirements and eligibility restrictions would be relatively small. As such, any increase in prison population or the corresponding demand on state correctional resources is expected to be minimal. This modest impact mitigates the risk of incurring major additional costs for incarceration.

Similarly, local governments are not projected to experience any significant fiscal burden as a result of HB 2017. Enforcement, prosecution, and supervision responsibilities at the local level are expected to remain within existing capacity. Overall, the fiscal footprint of HB 2017 is considered negligible for both state and local government operations.

Vote Recommendation Notes

HB 2017, also known as Grayson’s Law, arises in response to a tragic incident in Bastrop County in which Grayson Davis was killed by a suspected intoxicated driver unlawfully present in the United States. The bill seeks to enhance public safety and strengthen accountability by increasing the minimum prison sentence for certain intoxication manslaughter convictions to 10 years, specifically targeting individuals who were in the United States following a prior offense involving illegal entry into Texas. Additionally, HB 2017 makes such offenders ineligible for parole, mandatory supervision, or community supervision—including deferred adjudication—until the full 10-year term is served without good conduct time credits​.

From a liberty principles standpoint, the bill aligns strongly with the values of personal responsibility and limited government. It imposes stricter consequences on individuals who not only committed a deadly offense but also did so after engaging in prior unlawful conduct. The bill’s narrow scope ensures it targets only the most egregious cases, thus avoiding unnecessary government expansion. While concerns could be raised about the use of mandatory minimums potentially limiting judicial discretion, the bill maintains balance by applying only to a narrowly defined offender class.

The fiscal note further supports a recommendation to vote yes, indicating no significant cost to the state or local governments due to the expected limited number of affected cases. The proposed changes also do not create a new offense or grant new rulemaking authority, but simply modify sentencing outcomes within the current criminal justice framework. Overall, HB 2017 is a targeted, proportionate, and fiscally sound response to a serious public safety concern and should be supported on the basis of reinforcing justice and deterring repeat criminal behavior. As such, Texas Policy Research recommends that lawmakers vote YES on HB 2017.

  • Individual Liberty: The bill places certain restrictions on individuals convicted of intoxication manslaughter who were also unlawfully present in the U.S. after committing a smuggling-related offense. While any increase in mandatory sentencing could be viewed as a limitation on individual liberty, the bill’s narrow scope—focusing on serious, repeat offenders—reflects a targeted effort to protect the rights and safety of others. The enhanced punishment responds to the loss of innocent life and prioritizes the protection of the public over the liberties of those who have repeatedly violated the law.
  • Personal Responsibility: The bill significantly reinforces this principle. It holds individuals fully accountable for serious criminal acts, particularly when they occur after prior criminal conduct. The requirement to serve a full 10-year sentence without parole or good time credit emphasizes the consequences of one’s actions, especially in cases resulting in death due to intoxication.
  • Free Enterprise: The bill has no effect on commerce, regulation, or labor markets. It does not impose new obligations on businesses or alter market conditions in any way.
  • Private Property Rights: The bill does not involve eminent domain, land use, or any form of property regulation. Therefore, it does not affect this liberty principle.
  • Limited Government: Though the bill increases sentencing requirements and restricts judicial discretion in specific cases, it does not create new government programs or expand regulatory authority. Rather, it strengthens existing criminal penalties to address public safety risks tied to repeat offenses. Because the scope is narrowly defined and the fiscal impact is minimal, the measure can be considered a justified and restrained exercise of state power.
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