(a) A person commits an offense if the person, by accident or mistake:

(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another;  or

(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

​

(b) In this section, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

​

(c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree.