Tex. Penal Code Ann. § 49.045 (2005)
Driving while intoxicated with a child passenger
(a) A person commits an offense if:
- the person is intoxicated while operating a motor vehicle in a public place; and
- 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.