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Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
No significant fiscal implication to the State is anticipated.
HB 2505 would create a separate criminal offense for operating a watercraft while intoxicated if there is a passenger younger than 15 years old, effectively increasing the penalties from a Class B misdemeanor to a state jail felony. A defendant charged with this offense would be ineligible for deferred adjudication community supervision.
Texas Action opposes HB 2505 because it would unnecessarily expand government and constitute overcriminalization. While operating a boat intoxicated with young passengers is dangerous, making such an act punishable as a felony with up to two years in state prison is unreasonably excessive and disproportionate for an offense that is currently a Class B misdemeanor.
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