PUC C.S.H.B. 966 75(R)BILL ANALYSIS STATE RECREATIONAL RESOURCES C.S.H.B. 966 By: Oakley 4-16-97 Committee Report (Substituted) BACKGROUND With over 600,000 registered boats, Texas ranks as the fifth largest boating state in the nation. The number of vessels registered in Texas represents an estimated 5.3 million boaters. With a full 12 month boating season, a large number of reservoirs and public waters, Texas historically leads the national average in boating fatalities. In 1994 Texas recorded 55 boating fatalities, which translates to 9.1 fatalities per 100,000 registered boats. The national average for boating fatalities in 1994 was approximately 6 per 100,000 registered boats. PURPOSE H.B. 966 will require boat operators born after September 1, 1984, to take and successfully complete an approved boater education course before operating a vessel on public waters. In addition, H.B. 966 will require violators of certain water safety laws to attend boater education classes. This bill is designed to create a safer boating environment for users of Texas public waters. RULEMAKING AUTHORITY It is the committee's opinion that additional rulemaking authority is granted to the Parks and Wildlife Commission under SECTION 6 [Sec. 31.108 (a), (b), and (c)] and SECTION 7 [Sec. 31.121 (b) and (c)]. It is the committee's opinion that additional rulemaking authority is granted to the Texas Parks and Wildlife Department in SECTION 6 [Sec. 31.110 (4)] by allowing the department to exempt a person from the boater education course. SECTION BY SECTION ANALYSIS SECTION 1: Amends Sec. 31.003 (1) and (7), Parks and Wildlife Code, to define "Boat", and "Dealer". SECTION 2: Amends Sec. 31.004, Parks and Wildlife Code, to apply provisions of this chapter to all vessels on all public waters of Texas. SECTION 3: Amends Sec. 31.021 (b), Parks and Wildlife Code, to require vessels docked, moored, or stored on public waters to have a current registration. SECTION 4: Amends Sec. 31.043, Parks and Wildlife Code, to refer to the manufacturer's identification number as the hull identification number. Provides a violation for altering or defacing a hull identification number on a motorboat or serial number on outboard motor. SECTION 5: Amends Sec. 31.106(a) (4), Parks and Wildlife Code, to require personal watercraft not to operate within 50 feet of another personal watercraft. Sec. 31.106 (a) (5), Parks and Wildlife Code, is amended by raising the age requirement for operators of personal water craft from 13 years of age to 16 years of age unless the operator: (A) is accompanied by a person at least 18 yrs. of age; or (B) is at least 13 years of age and has successfully completed a boating safety course prescribed and approved by the department. Sec. 31.106 (d), Parks and Wildlife Code, is amended to provide that an owner of a personal watercraft permitting a person under 18 years of age to operate the personal watercraft in a manner prohibited by this section may be notified of the violation. Sec. 31.106 (e), Parks and Wildlife Code, defines accompanying as being on board when underway. SECTION 6: Amends Subchapter D, Chapter 31, Parks and Wildlife Code, by adding Sections 31.108, 31.109, 31.110 and 31.111. Sec. 31.108. BOATER EDUCATION PROGRAM. Requires the commission to create and administer a boater education program. The commission is required to create an equivalency exam and ensure that boater education courses are available in each county. The commission shall create a standard form for a boater I.D. card, appoint agents to administer the exam, issue boater education I.D. cards, and collect a $10.00 examination fee. The agent who administered the exam may collect a $3.00 service fee. Sec. 31.109. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN PERSONS. Requires a boater education course for anyone born on or after September 1, 1984, if the person is to be operating a vessel powered by over 10 horsepower, or a windblown vessel over 14ft. in length on the public waters of Texas. Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE REQUIREMENTS. Exempts from Sec. 31.109 persons who hold a master's, mate's, or operator's license issued by the United States Coast Guard, a person who is supervised by a person who is exempt or possesses a boater education I.D. card, a person who is at least 18 years of age, a person who is not a resident of this state and has completed a boater education course in another state approved by the department, or is exempt by rule of the department. Sec. 31.111. OPERATING VESSEL LIVERY. Requires vessel liveries to carry liability insurance. Vessel liveries shall provide instruction to each renter on provisions of this chapter and operational characteristics of the rented craft. Each operator shall sign a form indicating the operator has received the instruction and the livery shall keep the form for at least six months. SECTION 7: Amends Sec. 31.121, Parks and Wildlife Code, to require all peace officers, including Game Wardens, who enforce the provisions of this act are to be certified as marine safety enforcement officers. The commission shall establish training and certification standards for marine safety enforcement officers. In addition, the commission shall establish and collect a fee to recover administrative cost associated with the training and certification of marine safety enforcement officers. SECTION 8: Amends Sec. 31.127 (b), Parks and Wildlife Code, to include the defacing of a "hull identification" number and reckless operation and excessive speed, as a Class B Parks and Wildlife Code misdemeanor. Sec. 31.127 (c). Provides that a person who operates a vessel in violation of required numbering and excessive speed, commits an offense punishable by a fine of not less than $100 or more than $500. Sec. 31.127 (d). Provides for a Parks and Wildlife Code felony for a violation of the duties of an operator of a vessel involved in an accident that results in death or injury to another person. Sec. 31.127 (e). Provides for a Class A Parks and Wildlife Code misdemeanor for a violation of the duties of an operator of a vessel involved in an accident. SECTION 9: Amends Sec. 31.128, Parks and Wildlife Code, to provide the courts having jurisdiction on water safety violations to retain 40% of fines on violations filed by marine safety enforcement officers other than game wardens. SECTION 10: Amends subchapter E, Chapter 31, Parks and Wildlife Code, by adding Sections 31.130, 31.131, 31.132 which provide the following: Sec. 31.130. BOATER EDUCATION COURSE PERMITTED IN LIEU OF FINE. For a first time violation of this chapter, a boater education course can be taken in lieu of a fine. Sec. 31.131. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN VIOLATIONS. Require a boater education course for operational violations in addition to the fine. Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS. Provides reporting requirements to the Parks and Wildlife Department for marine safety enforcement officers. SECTION 11: Repeals Section 31.003 (9), Parks and Wildlife Code. SECTION 12: Provides that peace officers who enforce Chapter 31, must be certified as marine safety enforcement officers by January 1, 1999. SECTION 13: Effective date: September 1, 1997. SECTION 15: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 of the original bill amended Sec. 31.003 (6), this has deleted in the substitute. SECTION 2 of the original bill referred to watercraft, this reference has been changed to vessels in the substitute. SECTION 3 of the original bill amended Sec. 31.021 (a), this has been deleted in the substitute and instead the substitute adds Sec. 31.021 (b). SECTION 5 of the original bill has been deleted. SECTION 5 of the substitute (SECTION 6 of the original bill), amends the wording in Sec. 31.106(d) from that of the original bill, to provide that a person may not be cited but only notified of a violation. SECTION 6 of the substitute (SECTION 7 of the original bill), amends Sec. 31.108 (e) and (f)(1) by changing the examination or course fee from $5 to $10. Sec. 31.110 (1) is amended in the substitute to provide that persons who hold a master's, mate's, or operator's license is exempt from the boater education course. Sec. 31.111 (c) in the substitute is amended to require a vessel livery to retain forms for six months instead of two years. SECTION 8 of the substitute (SECTION 9 of the original bill) adds subsections (c), (d), and (e) to Sec. 31.127. SECTION 9 of the substitute (SECTION 10 of the original bill) amends Sec. 31.128 to provide the county to keep 40 % of the fine instead of 80% as was provided in the original bill. SECTION 12 of the substitute (SECTION 13 of the original bill) changes 1998 to 1999.