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Relating to increasing the criminal penalty for operating a watercraft while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
No significant fiscal implication to the State is anticipated.
HB 2327 would increase the classification of boating while intoxicated from a Class B misdemeanor to a state jail felony if there is at least one passenger younger than 15 years of age. Individuals convicted of this offense would become ineligible for deferred adjudication community supervision.
Texas Action opposes HB 2327 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. Current law already criminalizes this behavior without such severe consequences.