87R4779 JSC-F     By: Frullo H.B. No. 2327       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for operating a   watercraft 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.  Section 49.06, Penal Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  Except as provided by Subsection (c) or Section 49.09,   an offense under this section is a Class B misdemeanor, with a   minimum term of confinement of 72 hours.          (c)  If it is shown on the trial of an offense under this   section that at the time of the offense the watercraft being   operated by the person was occupied by a passenger who was younger   than 15 years of age, the offense is a state jail felony.          SECTION 2.  Article 42A.102(b), Code of Criminal Procedure,   as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts   of the 86th Legislature, Regular Session, 2019, is reenacted and   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, [or] 20A.03, [or]   49.045, 49.05, 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; or                            (iii)  the watercraft being operated by the   defendant was occupied by a passenger who was younger than 15 years   of age;                      (C)  for which punishment may be increased under   Section 49.09, Penal Code; or                      (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;                (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 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  To the extent of any conflict, this Act prevails   over another Act of the 87th Legislature, Regular Session, 2021,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 5.  This Act takes effect September 1, 2021.