(a) A person commits an offense if the person:

(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride;  and

(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

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