Texas Laws - Penal Code (pg. 166)
Sec. 49.06. Boating While Intoxicated.

pg. 166

Texas Laws | Penal Code
PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. ⁽⁶¹²⁶⁾

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. ⁽⁶¹²⁷⁾

Sec. 49.06. BOATING WHILE INTOXICATED. ⁽⁶¹²⁸⁾(Text)

(a) A person commits an offense if the person is intoxicated while operating a watercraft. ⁽⁶¹²⁹⁾

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. ⁽⁶¹³⁰⁾

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. ⁽⁶¹³¹⁾

Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. ⁽⁶¹³²⁾(Text)

(a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. ⁽⁶¹³³⁾

(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor with a minimum term of confinement of 72 hours. ⁽⁶¹³⁴⁾

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the amusement ride or assembling the mobile amusement ride had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days. ⁽⁶¹³⁵⁾

Added by Acts 1999, 76th Leg., ch. 1364, Sec. 9, eff. Jan. 1, 2000. ⁽⁶¹³⁶⁾

Sec. 49.07. INTOXICATION ASSAULT. ⁽⁶¹³⁷⁾(Text)

(a) A person commits an offense if the person, by accident or mistake: ⁽⁶¹³⁸⁾

(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or ⁽⁶¹³⁹⁾

(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. ⁽⁶¹⁴⁰⁾

(b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. ⁽⁶¹⁴¹⁾

(c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree. ⁽⁶¹⁴²⁾

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 10, eff. Jan. 1, 2000. ⁽⁶¹⁴³⁾

Amended by: ⁽⁶¹⁴⁴⁾

Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 2, eff. September 1, 2007. ⁽⁶¹⁴⁵⁾

Sec. 49.08. INTOXICATION MANSLAUGHTER. ⁽⁶¹⁴⁶⁾(Text)

(a) A person commits an offense if the person: ⁽⁶¹⁴⁷⁾

(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and ⁽⁶¹⁴⁸⁾

(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. ⁽⁶¹⁴⁹⁾

(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree. ⁽⁶¹⁵⁰⁾

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 11, eff. Jan. 1, 2000. ⁽⁶¹⁵¹⁾

Amended by: ⁽⁶¹⁵²⁾

Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 3, eff. September 1, 2007. ⁽⁶¹⁵³⁾

Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. ⁽⁶¹⁵⁴⁾(Text)

(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated. ⁽⁶¹⁵⁵⁾

(b) An offense under Section 49.04, 49.05, 49.06, 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: ⁽⁶¹⁵⁶⁾

(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 ⁽⁶¹⁵⁷⁾

(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. ⁽⁶¹⁵⁸⁾

(b-1) An offense under Section 49.07 is: ⁽⁶¹⁵⁹⁾

(1) a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to a firefighter or emergency medical services personnel while in the actual discharge of an official duty; or ⁽⁶¹⁶⁰⁾

(2) a felony of the first degree if it is shown on the trial of the offense that the person caused serious bodily injury to a peace officer or judge while the officer or judge was in the actual discharge of an official duty. ⁽⁶¹⁶¹⁾

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