Texas House Bill HB3064

Texas 2021 - 87th Regular

Caption

Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.

Impact

The bill also modifies existing statutes related to offenses encompassing operating a watercraft while intoxicated. By defining boating while intoxicated with a child passenger as a separate felony, it aims to strengthen the legal framework around boating safety and enhance community protection. Legislative discussions highlight the bill's potential to lead to stricter penalties for individuals who endanger children's lives through negligent actions, contributing to a broader strategy of preventing intoxicated watercraft operation.

Summary

House Bill 3064 introduces a new criminal offense in the state of Texas, specifically targeting individuals who operate a watercraft while intoxicated with a child passenger under the age of 15. The bill establishes that if a person is found intoxicated while operating a watercraft with such a minor on board, it constitutes a state jail felony. This addition to the Penal Code emphasizes the need for increased safety measures on waterways, particularly for vulnerable populations like children.

Contention

While the bill generally enjoys support due to its focus on child safety, some concerns have arisen regarding the implications for enforcement and legal ramifications for individuals faced with such charges. Critics argue that the definition of intoxication and the circumstances under which an arrest might occur could lead to unintended consequences for innocent parties. Furthermore, questions about the adequacy of penalties and their impact on community supervision practices are part of the broader discussion surrounding the bill's implementation.