Texas House Bill HB1811

Texas 2019 - 86th Regular

Caption

Relating to increasing the criminal penalty for certain boating while intoxicated offenses.

Impact

The passage of HB1811 will amend the existing legal framework surrounding boating offenses, enhancing penalties in line with the severity of the offense. This modification is intended to deter individuals from operating watercraft while under the influence of alcohol. The bill's supporters argue that it will promote safer boating conditions and protect the public by reducing incidents related to BWI. Furthermore, these amendments align Texas law with broader national trends aimed at addressing driving under the influence, highlighting the state's commitment to public safety on its waterways.

Summary

House Bill 1811 addresses the issue of boating while intoxicated (BWI) by proposing an increase in criminal penalties for certain offenses. Specifically, the bill modifies Section 49.06 of the Penal Code by classifying offenses with an alcohol concentration of 0.15 or more as a Class A misdemeanor rather than the standard Class B misdemeanor. This change indicates a significant increase in the potential legal repercussions for individuals found guilty of this elevated BWI offense, reflecting a stricter stance on impaired boating operations.

Contention

While the bill has garnered support from various public safety advocates, concerns have arisen regarding the potential for inconsistency in enforcement and the burden on the legal system. Critics may point to issues of fairness in the determination of alcohol concentration levels and the implications for those charged with BWI. The distinction in penalties depending on blood alcohol concentration may also raise questions about the equity of penalties for different offenders, particularly those whose intoxication levels are close to the threshold established by the bill.