Texas Codes

Tex. Penal Code § 49.06 (2026)

Boating While Intoxicated

✓ current as of May 2026
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Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft.

(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.

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

Notes of Decisions
Cited in 16 cases, 1994–2020 · leading case: Schenekl v. State, 996 S.W.2d 305 (Tex. App. 1999).
Schenekl v. State, 996 S.W.2d 305 (Tex. App. 1999). “See Tex. Penal Code Ann. § 49.06 (Vernon 1994).”
Abraham v. State, 330 S.W.3d 326 (Tex. App. 2010). “” Tex. Penal Code Ann. § 49.06 (a) (Vernon 2003) (emphasis added).”
Harold Thomas Mabry v. State (Tex. App. 2017). · cites it 2× “See Tex. Pen. Code Ann. § 49.06 (a) (West 2011).”
William Jeffery Stallworth v. State (Tex. App. 2005). · cites it 3× “In two issues, Stallworth asserts the trial court committed error in allowing evidence of an extraneous offense, and that the evidence is factually insufficient to support his conviction. Finding no error, we affirm.”
State v. Moore, Jessica Ruth (Tex. 2014). · cites it 3× “9 Tex. Pen. Code § 49.06 (2013) ...........”
State v. Richard B. Smith (Tex. App. 2010). · cites it 2× “Tex. Penal Code Ann. § 49.06 (West 2003).”
State v. Richard B. Smith (Tex. App. 2010). · cites it 2× “Tex. Penal Code Ann. § 49.06 (West 2003).”
Adrian Lee Chacon v. State (Tex. App. 2016). “072 for an abuse of discretion.6 Viewing the evidence in the light most favorable to the trial court’s ruling, we determine whether the trial court acted without reference to any guiding rules or principles.”
in Re Expunction (Tex. App. 2020). “His petition was verified and contained 1 See TEX. PENAL CODE § 49.06 (providing that person commits offense of BWI “if the person is intoxicated while operating a watercraft”).”
Gerald Christopher Kronenthal v. State (Tex. App. 2020). “See Tex. Penal Code Ann. § 49.06 . A jury found Kronenthal guilty of the offense charged, and the court assessed punishment at three days in county jail and a fine of $1000.”
Daniel Gordon Travis v. State of Texas (Tex. App. 2001). “Tex. Pen. Code Ann. § 49.06 (Vernon 1994).”
Alexander Lyssy v. State (Tex. App. 2012). “23 jury instruction;2 (2) denying him the opportunity to testify why he refused a breath test; and 1 See Tex. Penal Code Ann. § 49.06 (West 2011).”
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