88R3191 JSC-D     By: Smith, Cook H.B. No. 1163       A BILL TO BE ENTITLED   AN ACT   relating to creating the criminal offense of boating while   intoxicated with a child passenger; changing the eligibility for   deferred adjudication community supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 49, Penal Code, is amended by adding   Section 49.061 to read as follows:          Sec. 49.061.  BOATING WHILE INTOXICATED WITH CHILD   PASSENGER. (a) A person commits an offense if:                (1)  the person is intoxicated while operating a   watercraft; and                (2)  the watercraft being operated by the person is   occupied by a passenger who is younger than 15 years of age.           (b)  An offense under this section is a state jail felony.           SECTION 2.  Sections 49.09(b) and (d), Penal Code, are   amended to read as follows:          (b)  An offense under Section 49.04, 49.045, 49.05, 49.06,   49.061, or 49.065 is a felony of the third degree if it is shown on   the trial of the offense that the person has previously been   convicted:                (1)  one time of an offense under Section 49.08 or an   offense under the laws of another state if the offense contains   elements that are substantially similar to the elements of an   offense under Section 49.08; or                (2)  two times of any other offense relating to the   operating of a motor vehicle while intoxicated, operating an   aircraft while intoxicated, operating a watercraft while   intoxicated, or operating or assembling an amusement ride while   intoxicated.          (d)  For the purposes of this section, a conviction for an   offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065,   49.07, or 49.08 that occurs on or after September 1, 1994, is a   final conviction, whether the sentence for the conviction is   imposed or probated.          SECTION 3.  Section 49.09(c)(3), Penal Code, is amended to   read as follows:                (3)  "Offense of operating a watercraft while   intoxicated" means:                      (A)  an offense under Section 49.06 or 49.061;                      (B)  an offense under Section 49.07 or 49.08, if   the vehicle operated was a watercraft;                      (C)  an offense under Section 31.097, Parks and   Wildlife Code, as that law existed before September 1, 1994;                      (D)  an offense under Section 19.05(a)(2), as that   law existed before September 1, 1994, if the vehicle operated was a   watercraft; or                      (E)  an offense under the laws of another state   that prohibit the operation of a watercraft while intoxicated.          SECTION 4.  Section 49.10, Penal Code, is amended to read as   follows:          Sec. 49.10.  NO DEFENSE. In a prosecution under Section   49.031 [49.03], 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07,   or 49.08, the fact that the defendant is or has been entitled to use   the alcohol, controlled substance, drug, dangerous drug, or other   substance is not a defense.          SECTION 5.  Section 106.041(g), Alcoholic Beverage Code, is   amended to read as follows:          (g)  An offense under this section is not a lesser included   offense under Section 49.04, 49.045, [or] 49.06, or 49.061, Penal   Code.          SECTION 6.  Article 16.23(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  Subsection (a) does not apply to a person who is accused   of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061,   49.065, 49.07, or 49.08, Penal Code.          SECTION 7.  Article 17.441(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  Except as provided by Subsection (b), a magistrate shall   require on release that a defendant charged with a subsequent   offense under Section 49.04, 49.05, [or] 49.06, or 49.061, Penal   Code, or an offense under Section 49.045, 49.07, or 49.08 of that   code:                (1)  have installed on the motor vehicle owned by the   defendant or on the vehicle most regularly driven by the defendant,   a device that uses a deep-lung breath analysis mechanism to make   impractical the operation of a motor vehicle if ethyl alcohol is   detected in the breath of the operator; and                (2)  not operate any motor vehicle unless the vehicle   is equipped with that device.          SECTION 8.  Article 18.01(j), Code of Criminal Procedure, is   amended to read as follows:          (j)  Any magistrate who is an attorney licensed by this state   may issue a search warrant under Article 18.02(a)(10) to collect a   blood specimen from a person who:                (1)  is arrested for an offense under Section 49.04,   49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code;   and                (2)  refuses to submit to a breath or blood alcohol   test.          SECTION 9.  Article 18.067, Code of Criminal Procedure, is   amended to read as follows:          Art. 18.067.  EXECUTION OF WARRANT FOR BLOOD SPECIMEN IN   INTOXICATION OFFENSE. Notwithstanding any other law, a warrant   issued under Article 18.02(a)(10) to collect a blood specimen from   a person suspected of committing an intoxication offense under   Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or   49.08, Penal Code, may be executed:                (1)  in any county adjacent to the county in which the   warrant was issued; and                (2)  by any law enforcement officer authorized to make   an arrest in the county of execution.          SECTION 10.  Article 42A.102(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  In all other cases, the judge may grant deferred   adjudication community supervision unless:                (1)  the defendant is charged with an offense:                      (A)  under Section 20A.02, 20A.03, 49.045, 49.05,   49.061, 49.065, 49.07, or 49.08, Penal Code;                      (B)  under Section 49.04 or 49.06, Penal Code,   and, at the time of the offense:                            (i)  the defendant held a commercial   driver's license or a commercial learner's permit; or                            (ii)  the defendant's alcohol concentration,   as defined by Section 49.01, Penal Code, was 0.15 or more;                      (C)  for which punishment may be increased under   Section 49.09, Penal Code;                      (D)  for which punishment may be increased under   Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it   is shown that the defendant has been previously convicted of an   offense for which punishment was increased under any one of those   subsections; or                      (E)  under Section 481.1123, Health and Safety   Code, that is punishable under Subsection (d), (e), or (f) of that   section;                (2)  the defendant:                      (A)  is charged with an offense under Section   21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of   the age of the victim, or a felony described by Article 42A.453(b),   other than a felony described by Subdivision (1)(A) or (3)(B) of   this subsection; and                      (B)  has previously been placed on community   supervision for an offense under Paragraph (A);                (3)  the defendant is charged with an offense under:                      (A)  Section 21.02, Penal Code; or                      (B)  Section 22.021, Penal Code, that is   punishable under Subsection (f) of that section or under Section   12.42(c)(3) or (4), Penal Code; or                (4)  the defendant is charged with an offense under   Section 19.02, Penal Code, except that the judge may grant deferred   adjudication community supervision on determining that the   defendant did not cause the death of the deceased, did not intend to   kill the deceased or another, and did not anticipate that a human   life would be taken.          SECTION 11.  Articles 42A.408(c) and (d), Code of Criminal   Procedure, are amended to read as follows:          (c)  The court shall require as a condition of community   supervision that a defendant described by Subsection (b) have an   ignition interlock device installed on the motor vehicle owned by   the defendant or on the vehicle most regularly driven by the   defendant and that the defendant not operate any motor vehicle   unless the vehicle is equipped with that device if:                (1)  it is shown on the trial of the offense that an   analysis of a specimen of the defendant's blood, breath, or urine   showed an alcohol concentration level of 0.15 or more at the time   the analysis was performed;                (2)  the defendant is placed on community supervision   after conviction of an offense under Sections 49.04-49.061   [49.04-49.06], Penal Code, for which the defendant is punished   under Section 49.09(a) or (b), Penal Code; or                (3)  the court determines under Subsection (d) that the   defendant has one or more previous convictions under Sections   49.04-49.08, Penal Code.          (d)  Before placing on community supervision a defendant   convicted of an offense under Sections 49.04-49.08, Penal Code, the   court shall determine from criminal history record information   maintained by the Department of Public Safety whether the defendant   has one or more previous convictions under any of those sections. A   previous conviction may not be used for purposes of restricting a   defendant to the operation of a motor vehicle equipped with an   ignition interlock device under Subsection (c) if:                (1)  the previous conviction was a final conviction   under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.07, or 49.08,   Penal Code, and was for an offense committed before the beginning of   the 10-year period preceding the date of the instant offense for   which the defendant was convicted and placed on community   supervision; and                (2)  the defendant has not been convicted of an offense   under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.07, or 49.08,   Penal Code, committed within the 10-year period preceding the date   of the instant offense for which the defendant was convicted and   placed on community supervision.          SECTION 12.  Section 12.203(a), Parks and Wildlife Code, is   amended to read as follows:          (a)  A person may apply to the committee for a reward to be   paid from the operation game thief fund if the person furnishes   information leading to the arrest and conviction of a person for a   violation of this code or any of the following laws or a regulation   adopted under this code or any of the following laws:                (1)  Subchapter B, Chapter 365, Health and Safety Code;                (2)  Subchapter E, Chapter 191, Natural Resources Code;                (3)  Chapter 28 or Section 30.05, 31.03, 31.11, 37.10,   49.06, 49.061, 49.07, or 49.08, Penal Code;                (4)  Chapter 160, Tax Code; or                (5)  Subchapter E, Chapter 7, or Subchapter D, Chapter   26, Water Code.          SECTION 13.  Section 524.011(a), Transportation Code, is   amended to read as follows:          (a)  An officer arresting a person shall comply with   Subsection (b) if:                (1)  the person is arrested for an offense under   Section 49.04, 49.045, [or] 49.06, or 49.061, Penal Code, or an   offense under Section 49.07 or 49.08 of that code involving the   operation of a motor vehicle or watercraft, submits to the taking of   a specimen of breath or blood and an analysis of the specimen shows   the person had an alcohol concentration of a level specified by   Section 49.01(2)(B), Penal Code; or                (2)  the person is a minor arrested for an offense under   Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045,   [or] 49.06, or 49.061, Penal Code, or an offense under Section 49.07   or 49.08, Penal Code, involving the operation of a motor vehicle or   watercraft and:                      (A)  the minor is not requested to submit to the   taking of a specimen; or                      (B)  the minor submits to the taking of a specimen   and an analysis of the specimen shows that the minor had an alcohol   concentration of greater than .00 but less than the level specified   by Section 49.01(2)(B), Penal Code.          SECTION 14.  Section 524.015(b), Transportation Code, is   amended to read as follows:          (b)  A suspension may not be imposed under this chapter on a   person who is acquitted of a criminal charge under Section 49.04,   49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code, or Section   106.041, Alcoholic Beverage Code, arising from the occurrence that   was the basis for the suspension. If a suspension was imposed before   the acquittal, the department shall rescind the suspension and   shall remove any reference to the suspension from the person's   computerized driving record.          SECTION 15.  Section 524.022(b), Transportation Code, is   amended to read as follows:          (b)  A period of suspension under this chapter for a minor   is:                (1)  60 days if the minor has not been previously   convicted of an offense under Section 106.041, Alcoholic Beverage   Code, or Section 49.04, 49.045, [or] 49.06, or 49.061, Penal Code,   or an offense under Section 49.07 or 49.08, Penal Code, involving   the operation of a motor vehicle or a watercraft;                (2)  120 days if the minor has been previously   convicted once of an offense listed by Subdivision (1); or                (3)  180 days if the minor has been previously   convicted twice or more of an offense listed by Subdivision (1).          SECTION 16.  Section 524.023, Transportation Code, is   amended to read as follows:          Sec. 524.023.  APPLICATION OF SUSPENSION UNDER OTHER LAWS.   (a) If a person is convicted of an offense under Section 106.041,   Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.061,   49.07, or 49.08, Penal Code, and if any conduct on which that   conviction is based is a ground for a driver's license suspension   under this chapter and Section 106.041, Alcoholic Beverage Code,   Subchapter O, Chapter 521, or Subchapter H, Chapter 522, each of the   suspensions shall be imposed.          (b)  The court imposing a driver's license suspension under   Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as   required by Subsection (a) shall credit a period of suspension   imposed under this chapter toward the period of suspension required   under Section 106.041, Alcoholic Beverage Code, or Subchapter O,   Chapter 521, or Subchapter H, Chapter 522, unless the person was   convicted of an offense under Article 6701l-1, Revised Statutes, as   that law existed before September 1, 1994, Section 19.05(a)(2),   Penal Code, as that law existed before September 1, 1994, Section   49.04, 49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code, or   Section 106.041, Alcoholic Beverage Code, before the date of the   conviction on which the suspension is based, in which event credit   may not be given.          SECTION 17.  Section 524.042(a), Transportation Code, is   amended to read as follows:          (a)  A suspension of a driver's license under this chapter is   stayed on the filing of an appeal petition only if:                (1)  the person's driver's license has not been   suspended as a result of an alcohol-related or drug-related   enforcement contact during the five years preceding the date of the   person's arrest; and                (2)  the person has not been convicted during the 10   years preceding the date of the person's arrest of an offense under:                      (A)  Article 6701l-1, Revised Statutes, as that   law existed before September 1, 1994;                      (B)  Section 19.05(a)(2), Penal Code, as that law   existed before September 1, 1994;                      (C)  Section 49.04, 49.045, [or] 49.06, or 49.061,   Penal Code;                      (D)  Section 49.07 or 49.08, Penal Code, if the   offense involved the operation of a motor vehicle or a watercraft;   or                      (E)  Section 106.041, Alcoholic Beverage Code.          SECTION 18.  Section 724.012(b), Transportation Code, is   amended to read as follows:          (b)  Subject to Subsection (a-1), a peace officer shall   require the taking of a specimen of the person's breath or blood   under any of the following circumstances if the officer arrests the   person for an offense under Chapter 49, Penal Code, involving the   operation of a motor vehicle or a watercraft and the person refuses   the officer's request to submit to the taking of a specimen   voluntarily:                (1)  the person was the operator of a motor vehicle or a   watercraft involved in an accident that the officer reasonably   believes occurred as a result of the offense and, at the time of the   arrest, the officer reasonably believes that as a direct result of   the accident an individual other than the person has suffered   bodily injury and been transported to a hospital or other medical   facility for medical treatment;                (2)  the offense for which the officer arrests the   person is an offense under Section 49.045 or 49.061, Penal Code; or                (3)  at the time of the arrest, the officer possesses or   receives reliable information from a credible source that the   person:                      (A)  has been previously convicted of or placed on   community supervision for an offense under Section 49.045, 49.061,   49.07, or 49.08, Penal Code, or an offense under the laws of another   state containing elements substantially similar to the elements of   an offense under those sections; or                      (B)  on two or more occasions, has been previously   convicted of or placed on community supervision for an offense   under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an   offense under the laws of another state containing elements   substantially similar to the elements of an offense under those   sections.          SECTION 19.  This Act takes effect September 1, 2023.