1-1  By:  Hightower (Senate Sponsor - Carriker)            H.B. No. 1945
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on
    1-4  Natural Resources; May 14, 1993, reported favorably by the
    1-5  following vote:  Yeas 8, Nays 0; May 14, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos                                     x   
   1-12        Bivins             x                               
   1-13        Brown                                          x   
   1-14        Carriker           x                               
   1-15        Lucio              x                               
   1-16        Montford           x                               
   1-17        Ratliff            x                               
   1-18        Shelley                                        x   
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the definition and operation of personal watercraft.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Section 31.003(14), Parks and Wildlife Code, is
   1-24  amended to read as follows:
   1-25              (14)  "Personal watercraft" means a type of motorboat
   1-26  <up to 10 feet in length,> which is specifically designed to be
   1-27  operated by a person or persons sitting, standing, or kneeling on
   1-28  the vessel rather than in the conventional manner of sitting or
   1-29  standing inside the vessel.
   1-30        SECTION 2.  Section 31.106, Parks and Wildlife Code, is
   1-31  amended to read as follows:
   1-32        Sec. 31.106.  Personal Watercraft.  (a)  No person shall
   1-33  operate a personal watercraft in the following manner or under the
   1-34  following circumstances:
   1-35              (1)  unless each person riding on or towed behind the
   1-36  vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V
   1-37  personal flotation device;
   1-38              (2)  if the vessel is equipped by the manufacturer with
   1-39  a lanyard type engine cutoff switch, unless such lanyard is
   1-40  attached to the person, clothing, or personal flotation device of
   1-41  the operator as appropriate for the vessel involved;
   1-42              (3)  during the period between <the hours of one-half
   1-43  hour after> sunset and <one-half hour before> sunrise;
   1-44              (4)  within 50 feet of any other vessel, person,
   1-45  stationary platform or other object, or shore, except another
   1-46  personal watercraft, or except at headway speed;
   1-47              (5)  if the operator is under 13 <12> years of age,
   1-48  unless the operator:
   1-49                    (A)  is accompanied by a person at least 17 <16>
   1-50  years of age; or
   1-51                    (B)  the operator has successfully completed a
   1-52  boating safety course prescribed and approved by the department;
   1-53              (6)  if the personal watercraft is a motorboat, within
   1-54  any area prohibited for operation of a motorboat by state law or
   1-55  local rule or regulation;
   1-56              (7)  while towing water skis, an aquaplane, a
   1-57  surfboard, a tube, or any other similar device, unless the towing
   1-58  vessel is designed to carry on board a minimum of two persons;
   1-59              (8)  by jumping the wake of another vessel recklessly
   1-60  or unnecessarily close to that vessel; or
   1-61              (9)  in a manner that requires the operator to swerve
   1-62  at the last possible moment to avoid collision.
   1-63        (b)  The provisions of this section do not apply to
   1-64  professional exhibitions or an officially sanctioned race,
   1-65  tournament, or exhibition.
   1-66        (c)  Subsection (a)(4) of this section does not prohibit the
   1-67  operation of personal watercraft on bodies of water less than 100
   1-68  feet in width.  <The provisions of Sections 31.064, 31.066, 31.067,
    2-1  31.068, 31.069, and 31.071 of this code shall not apply to personal
    2-2  watercraft.>
    2-3        SECTION 3.  This Act takes effect September 1, 1993.
    2-4        SECTION 4.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.
    2-9                               * * * * *
   2-10                                                         Austin,
   2-11  Texas
   2-12                                                         May 14, 1993
   2-13  Hon. Bob Bullock
   2-14  President of the Senate
   2-15  Sir:
   2-16  We, your Committee on Natural Resources to which was referred H.B.
   2-17  No. 1945, have had the same under consideration, and I am
   2-18  instructed to report it back to the Senate with the recommendation
   2-19  that it do pass and be printed.
   2-20                                                         Sims,
   2-21  Chairman
   2-22                               * * * * *
   2-23                               WITNESSES
   2-24                                                  FOR   AGAINST  ON
   2-25  ___________________________________________________________________
   2-26  Name:  Garry Berry                               x
   2-27  Representing:  PWIA/KAWASAKI
   2-28  City:  Austin
   2-29  -------------------------------------------------------------------
   2-30  Name:  Buddy Garcia                                            x
   2-31  Representing:
   2-32  City:  Austin
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   2-34  Name:  D.R. Malone                               x
   2-35  Representing:  Boating Trades Assoc. of Tx
   2-36  City:  Austin
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   2-38  Name:  James Robertson                                         x
   2-39  Representing:  TX Parks & Wildlife
   2-40  City:  Austin
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   2-42  Name:  Lee Couch                                 x
   2-43  Representing:  Boating Trades Assoc. of Tx
   2-44  City:  Austin
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