Classification of crashes for severity of offense committed. The following injuries to persons involved in crashes will be deemed sufficient for the filing of felony charges:
  (1) death;
  (2) incapacitating injury;
  (3) nonincapacitating injury or minor visible injury.

Source Note: The provisions of this §3.3 adopted to be effective January 1, 1976; amended to be effective December 20, 2007, 32 TexReg 9353