Texas 2021 - 87th Regular

Texas House Bill HB2505

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 passage of HB 2505 will notably modify existing criminal laws in Texas pertaining to boating under the influence. By creating a specific offense related to intoxicated boating with a child passenger, the legislation aims to enhance child safety on Texas waters and impose stricter penalties on offenders. This legislative change is anticipated to reduce the incidence of DUI offenses involving watercraft, thus protecting vulnerable populations and potentially decreasing child endangerment cases related to boating activities.

Summary

House Bill 2505 was introduced to address the issue of boating while intoxicated, specifically when children are present in the watercraft. This bill establishes a new criminal offense for a person who operates a watercraft while intoxicated and has a passenger who is under 15 years of age. The penalty for this offense is classified as a state jail felony, reflecting the seriousness of the crime, particularly given the vulnerability of child passengers. Additionally, the bill proposes changes to deferred adjudication community supervision eligibility, broadening the categories of offenses that would restrict eligibility for certain offenders.

Sentiment

The general sentiment surrounding the bill was supportive, particularly from child advocacy groups and law enforcement agencies, who viewed the legislation as a proactive measure to safeguard children from possible harm associated with intoxicated boating. However, there were also concerns raised about the implications of broadening the criteria for deferred adjudication, which could impact judges' discretion in sentencing. Overall, the debate was dominated by a consensus on the importance of protecting children while navigating watercraft.

Contention

Despite the favorable reception, some points of contention arose regarding the potential for harsher penalties and the impact on offenders seeking rehabilitation options. Opponents voiced concerns about the bill's strictness, questioning whether the newly established offense might discourage responsible boating participation among families. Balancing public safety with reasonable enforcement measures will likely be an ongoing discussion as stakeholders consider the long-term implications of HB 2505.

Companion Bills

No companion bills found.

Previously Filed As

TX HB99

Relating to the punishment for certain intoxication-related offenses; creating the offense of aggravated driving while intoxicated.

TX HB1163

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

TX HB3064

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

Similar Bills

AZ SB1322

Boating and water sports; education

AZ SB1679

Boating and water sports; education

AZ HB2776

Boating and water sports; education

AZ SB1680

Education; boating and water sports

AZ SB1433

Education; boating and water sports

TX HB1163

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

TX HB3064

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

AZ SB1010

Personal flotation devices; rowing; exception