PUC C.S.H.B. 394 75(R)BILL ANALYSIS STATE RECREATIONAL RESOURCES C.S.H.B. 394 By: Maxey 3-7-97 Committee Report (Substituted) BACKGROUND Human powered boat racing, known as rowing, sculling, and crew is a fast growing professional and leisure sport in Texas. Currently, state-wide and national competitions are held in most major Texas cities. Due to the competitive nature of the sport, crew members cannot compete while encumbered by a personal floatation devices. Furthermore, space and weight requirements in the water craft prohibit the storage of these devices. Since in most circumstances, these boats are used in protected waters, under controlled circumstances, and often times with multiple crew members, safety risks are minimal. Although there is much confusion regarding the requirement for personal floatation devices, current law exempts racing shells, rowing sculls and racing kayaks from the personal flotation regulations because the Texas Water Safety Act adopts the personal flotation requirements prescribed by the Commandant of the Coast Guard as per section 31.066 (a), Texas Water Safety Act. PURPOSE This bill would add additional language to the Texas Water Safety Act to exempt racing shells, rowing sculls, and racing kayaks from the personal flotation device requirements. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 31.073, Parks and Wildlife Code, to provide for an exemption from the personal flotation device requirements for racing shells, rowing sculls, and racing kayaks, while participating in or practicing for an officially sanctioned race. Defines racing shell, rowing scull, and racing kayak. SECTION 2: Effective date: September 1, 1997. SECTION 3: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE In Sec. 31.073 (b), the substitute added language to allow the safety equipment exemption only if the watercraft is participating in or practicing for an officially sanctioned race.