(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) 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.
Added by Acts 2003, 78th Leg., ch. 787, Sec. 1, eff. Sept. 1, 2003.