By Robert Barfield:
What is a Watercraft? What You Need to Know –
If you plan on taking alcohol on your watercraft you need to understand the ‘boating while intoxicated law’ and the definitions of watercraft under the Texas Penal Code.
Penal Code 49.06 states that “A person commits an offense if the person is intoxicated while operating a watercraft.” The key word here is watercraft and your definition of watercraft may be different from that of the State of Texas. For the purpose of boating while intoxicated, watercraft is defined by Penal Code 49.01(4) as “a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on the water, other than a device propelled only by the current of water.”
There is no requirement that the watercraft has a motor. A canoe that is propelled by an oar or a sailboat propelled by the wind would qualify as a watercraft. If operated intoxicated this watercraft could result in a boating while intoxicated charge. Even water skis which are pulled by the boat can lead to a boating while intoxicated charge if you ski intoxicated.
You can have open containers of alcohol on watercraft, but the operators of the watercraft are subject to ‘boating while intoxicated laws’, as is anyone operating a device being pulled by the watercraft. Also, remember that anyone on the watercraft can also be subject to public intoxication laws.