By: Chisum H.B. No. 1669
73R3022 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to safety equipment for certain watercraft and flotation
1-3 devices; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 31, Parks and Wildlife
1-6 Code, is amended by amending Section 31.073 and adding Sections
1-7 31.074 and 31.075 to read as follows:
1-8 Sec. 31.073. Canoes, Punts, Rowboats, Sailboats, and Rubber
1-9 Rafts; Equipment <Exemptions>. A canoe, punt, rowboat, sailboat,
1-10 or rubber raft operated on a navigable body of water in this state
1-11 shall be equipped with <All canoes, punts, rowboats, sailboats, and
1-12 rubber rafts when paddled, poled, oared, or windblown are exempt
1-13 from all the required safety equipment except the following>:
1-14 (1) one Coast Guard approved lifesaving device for
1-15 each person aboard; <and>
1-16 (2) the lights prescribed for class A vessels in
1-17 Section 31.064 of this code; and
1-18 (3) sufficient line or cordage for docking, towing, or
1-19 rescue of the vessel by a person not on the vessel or by another
1-20 vessel.
1-21 Sec. 31.074. INNER TUBES; RAFTS; FLOATS. No person may
1-22 operate an inner tube, raft, or float on a navigable body of water
1-23 in this state without:
1-24 (1) wearing a Coast Guard approved lifesaving device;
2-1 and
2-2 (2) having aboard sufficient line or cordage for
2-3 docking, towing, or rescue by another person not on the vessel or
2-4 by another vessel.
2-5 Sec. 31.075. OUTFITTERS AND PROVIDERS OF RECREATIONAL
2-6 EQUIPMENT. (a) A person who for a fee outfits or provides a
2-7 canoe, punt, rowboat, sailboat, rubber raft, inner tube, raft,
2-8 float, or other vessel for use on a navigable body of water in this
2-9 state shall:
2-10 (1) equip the vessel with:
2-11 (A) one Coast Guard approved lifesaving device
2-12 for each person aboard; and
2-13 (B) sufficient line or cordage for docking,
2-14 towing, or rescue by a person not on the vessel or by another
2-15 vessel; and
2-16 (2) disclose to the person to whom the vessel is being
2-17 provided:
2-18 (A) the rate of flow of the body of water that
2-19 the person intends to navigate; and
2-20 (B) known hazards in the water, including those
2-21 that have caused injury or death to a person in the past.
2-22 (b) If the rate of flow on the body of water that the person
2-23 to whom the vessel is provided intends to navigate is greater than
2-24 600 cubic feet per minute at the time the outfitter or provider
2-25 provides the vessel, the outfitter or provider shall inform the
2-26 person that because of the rate of flow of the water recreational
2-27 use of the water is recommended for experienced and expert
3-1 operators only.
3-2 SECTION 2. Section 31.127, Parks and Wildlife Code, is
3-3 amended by amending Subsection (b) and adding Subsection (c) to
3-4 read as follows:
3-5 (b) A person who violates Section 31.074, 31.096, or 31.104
3-6 of this code commits an offense that is a Class B Parks and
3-7 Wildlife Code misdemeanor.
3-8 (c) A person who violates Section 31.075 of this code
3-9 commits an offense that is a Class A Parks and Wildlife Code
3-10 misdemeanor.
3-11 SECTION 3. This Act takes effect September 1, 1993.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.