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
2-33 -------------------------------------------------------------------
2-34 Name: D.R. Malone x
2-35 Representing: Boating Trades Assoc. of Tx
2-36 City: Austin
2-37 -------------------------------------------------------------------
2-38 Name: James Robertson x
2-39 Representing: TX Parks & Wildlife
2-40 City: Austin
2-41 -------------------------------------------------------------------
2-42 Name: Lee Couch x
2-43 Representing: Boating Trades Assoc. of Tx
2-44 City: Austin
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