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CROSBY, Texas —  Should size really matter? Whether you drive a Prius or a Hummer, getting drunk and driving in Texas is against the law. So why should size matter when it comes to getting drunk and carrying guns?

It’s a misdemeanor in Texas to be intoxicated and carry a handgun in public, but it is legal to carry long gun.

State Rep. Gina Hinojosa’s “Intoxi-carry” Bill that has been filed in Austin aims to change that in Texas. Hinojosa argues the current policy contains a loophole that needs to be closed so law enforcement can keep Texas residents safe.

But that’s not far enough for one Crosby mom.

“He took another shot of vodka, and that’s the last thing she remembered. Shelby was shot just under the right eye, and the exit wound was just under the right ear, under her right earlobe,” Donna Howard said.

Her daughter Shelby was allegedly shot by her boyfriend who had been drinking and playing with his gun.

“If they have their hands on their weapon and they’re intoxicated, yes, they need to go down for a felony,” she added.

Shelby’s then boyfriend has been charged with aggravated assault on a family member, but her mom thinks the only way to prevent something like this from happening to someone else’s child is harsher laws.

“Maybe eventually we need to look at whether a misdemeanor is sufficient, but at the current time we need to start somewhere,” Hinojosa said.

For now, starting somewhere means size shouldn’t matter when it comes to getting drunk and handling a firearm. But with Texas gun culture the way it is, even getting that bill passed in today’s political climate is going to be a long shot.