Texas HB-393 Creates New Financial Obligations for Intoxication Manslaughter Offenders
Beginning September 1, 2023, Texas House Bill 393 (HB-393) became law, creating a significant new requirement for individuals convicted of intoxication manslaughter. Under the legislation, a person whose impaired driving results in the death of a parent or legal guardian may be ordered by the court to provide financial support for the victim’s surviving child.
The law recognizes that the consequences of a fatal drunk-driving crash extend far beyond the immediate tragedy. When a child loses a parent or guardian due to another person’s criminal actions, the financial impact can last for years. HB-393 seeks to address that burden by requiring offenders to contribute to the child’s ongoing care and support.
Monthly Restitution Payments for Surviving Children
Under HB-393, courts are authorized to order convicted offenders to make monthly restitution payments to support a child whose parent or guardian was killed as a result of the intoxication manslaughter offense.
These payments are intended to help provide financial stability for the child and compensate, at least in part, for the loss of parental support. The restitution obligation generally continues until the child reaches 18 years of age or graduates from high school, whichever occurs later.
This requirement is separate from any criminal penalties imposed on the defendant, such as imprisonment, fines, probation, or other court-ordered sanctions.
Factors Courts Must Consider
HB-393 does not establish a fixed payment amount. Instead, judges are instructed to evaluate the specific circumstances of each case when determining the amount of monthly restitution.
The court may consider a variety of relevant factors, including:
- The financial needs and resources of the child.
- The financial needs and resources of the surviving parent, guardian, or current caregiver.
- The financial resources available to the state if the child is under the care of the Texas Department of Family and Protective Services.
- The standard of living the child enjoyed before the loss of the parent or guardian.
- The child’s physical, emotional, and educational needs.
- Existing custody and visitation arrangements.
- Reasonable child-care expenses incurred by the surviving parent or guardian due to employment.
- The financial resources, income, and earning capacity of the defendant.
By considering these factors, courts can tailor restitution orders to better reflect the child’s actual needs and the defendant’s ability to pay.
Addressing the Long-Term Impact of Fatal Drunk Driving Crashes
The death of a parent or guardian often creates severe financial hardship for surviving family members. In addition to emotional trauma, children may lose access to income, health insurance, educational opportunities, and other resources that the deceased parent provided.
HB-393 aims to acknowledge these long-term consequences by ensuring that offenders bear some responsibility for the financial losses suffered by surviving children. Lawmakers have described the measure as a way to provide meaningful assistance to families while reinforcing accountability for those who choose to drive while intoxicated.
Payment Obligations Following Imprisonment
Recognizing that many intoxication manslaughter offenders may serve prison sentences, HB-393 includes provisions regarding delayed payment obligations.
If a defendant is unable to make restitution payments because of incarceration, the law requires the individual to begin making payments no later than the first anniversary of their release from prison. This provision helps ensure that the obligation to support the child does not disappear simply because the offender is serving a sentence.
Once released, the defendant remains responsible for complying with the court’s restitution order according to the terms established by the court.
A New Era of Accountability in Texas
HB-393 represents a significant shift in how Texas addresses the aftermath of fatal drunk-driving incidents involving parents and guardians. While no amount of money can replace a lost loved one, the law seeks to provide financial assistance to children facing an uncertain future after a preventable tragedy.
By requiring offenders to contribute to the support of surviving children, Texas has expanded the concept of restitution beyond immediate losses and acknowledged the lasting impact that intoxication-related deaths can have on families for years to come.
Individuals interested in reviewing the full text of the legislation can view HB-393 through the official Texas legislative resources.
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