SRC-SLL S.B. 587 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 587
By: Barrientos
Natural Resources
4-17-97
As Filed


DIGEST 

Currently, there are over 5.3 million registered vessels in Texas. This
state historically leads the national average in boating fatalities. This
bill will require the Texas Parks and Wildlife Department to develop and
administer a boater education program and provides penalties for violating
regulations relating to water safety. 

PURPOSE

As proposed, S.B. 587 requires the Texas Parks and Wildlife Department to
develop and administer a boater education program and provides penalties
for violating regulations relating to water safety. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Parks and Wildlife Commission
in SECTIONS 7 and 8 (Sections 31.108(a)-(c), and 31.121(b)-(c), Parks and
Wildlife Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 31.003(1), (6), and (7), Parks and Wildlife
Code, to redefine "boat," "operate," and "dealer." 

SECTION 2. Amends Section 31.004, Parks and Wildlife Code, to provide that
the provisions of this chapter apply to all public water of this state and
to all watercraft on the public water. 

SECTION 3. Amends Section 31.021(a), Parks and Wildlife Code, to require
each vessel on the water of this state to be numbered in accordance with
the provisions of this chapter unless specifically exempted. 

SECTION 4. Amends Section 31.043, Parks and Wildlife Code, as follows:

Sec.  31.043.  New heading: MANUFACTURER'S IDENTIFICATION NUMBER. Requires
all vessels manufactured for sale in Texas to carry a manufacturer's hull
identification, rather than serial, number clearly imprinted on the
structure of the vessel or displayed on a plate permanently attached to
the vessel.  Prohibits a person from intentionally or knowingly
destroying, removing, altering, covering, or defacing the manufacturer's
hull identification number or plate bearing the hull identification number
or the hull identification number issued by the Parks and Wildlife
Department (department).  Requires a person who has a vessel with an
altered, defaced, mutilated, or removed hull identification number or an
outboard motor with an altered, defaced, mutilated, or removed serial
number to file a sworn statement with the department containing certain
information. 

SECTION 5. Amends Section 31.103, Parks and Wildlife Code, by amending
Subsection (a) and adding Subsection (d), to prohibit a person from
operating a vessel on any water of this state towing a person or persons
on water skis, surfboards, or similar devices and prohibits a person while
being towed from engaging in water-skiing, surfboarding, or similar
activity at any time between sunset and sunrise, rather than one-half hour
after sunset and one-half hour before sunrise.  Prohibits a person from
operating a vessel on any water of this state towing a person or persons
on water skis, surfboards, or similar devices unless each person towed
behind the vessel is wearing a U.S. Coast  Guard approved Type I, II, III,
or V personal flotation device. 

SECTION 6. Amends Section 31.106, Parks and Wildlife Code, to delete the
provision that prohibits any person from operating a personal watercraft
within 50 feet of certain objects, except another personal watercraft.
Prohibits any person from operating a personal watercraft if the operator
is under 16 years of age, unless the operator is at least 13 years of age
and has successfully completed a boating safety course prescribed and
approved by the department.  Prohibits an owner of a personal watercraft
from permitting a person to operate the personal watercraft in a manner
prohibited by this section.  Provides that, for the purposes of this
section, a person is considered to be accompanying the operator of a
personal watercraft if the person is on board the personal watercraft when
underway. 

SECTION 7. Amends Chapter 31D, Parks and Wildlife Code, by adding Sections
31.108-31.111, as follows: 

Sec.  31.108.  BOATER EDUCATION PROGRAM.  Requires the Parks and Wildlife
Commission (commission) to adopt rules regarding boater education courses.
Authorizes the commission, by rule, to create exemptions from boater
education requirements imposed by statute to the extent the exemptions are
consistent with promoting public safety in the operation of vessels.
Requires the commission, by rule, to create a standard form for a boater
identification card to be issued to a person who successfully completes a
boater education course or course equivalency examination.  Authorizes the
department to appoint agents to perform certain duties.  Requires the
department to collect a $5 examination or course fee from each person
taking an examination or course to recover administrative costs of the
boater education program.  Sets forth the duties of an agent acting under
authority of Subsection (d). 

Sec. 31.109. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN PERSONS.
Provides that this section applies to certain persons.  Requires a person
subject to this section to have certain items in his or her possession.
Requires the department to issue a boater identification card to certain
persons.  Provides that a boater identification card issued to a person
who has successfully completed a boater education course or course
equivalency examination does not expire. 

Sec.  31.110.  EXEMPTION FROM BOATER EDUCATION COURSE REQUIREMENT.
Provides that certain persons are not required to comply with Section
31.109. 

Sec.  31.111.  OPERATING VESSEL LIVERY.  Sets forth requirements for
operating a vessel livery. 

SECTION 8. Amends Section 31.121, Parks and Wildlife Code, to require all
peace officers of this state, rather than of this state and its political
subdivisions, and game wardens, rather than game management officers,
commissioned by the commission to be certified as marine safety
enforcement officers by the department to enforce the provisions of this
chapter.  Deletes the provision that all peace officers and game
management officers are enforcement officers for the purposes of this
chapter.  Requires the commission, by rule, to establish standards for
training and certifying marine safety enforcement officers under this
section.  Requires the commission, by rule, to establish and collect a fee
to recover the administrative costs associated with the certification of
marine safety enforcement officers.  Requires the commission to require
the applicant for certification or the applicant's employer to pay the fee
required under this section.  Makes a conforming change.  

SECTION 9. Amends Section 31.127, Parks and Wildlife Code, to provide that
a person who violates or fails to comply with certain regulations, rather
than for which no other penalty is applicable, commits an offense that is
a Class C Parks and Wildlife Code misdemeanor. 

SECTION 10. Amends Section 31.128, Parks and Wildlife Code, to require the
amount to be remitted to the game, fish, and water safety account to be 85
percent of the fine, in justice court cases filed as a result of an arrest
by a game warden.  Requires the amount to be remitted to the game, fish,
and water safety account to be 20 percent of the fine in court cases filed
as the result of an arrest by  a marine safety enforcement officer other
than a game warden.  Requires all costs of the court to be retained by the
court having jurisdiction of the offense and deposited as other fees in
the proper county fund. 

SECTION 11. Amends Chapter 31E, Parks and Wildlife Code, by adding
Sections 31.130-31.132, as follows: 
  
Sec. 31.130.  BOATER EDUCATION COURSE PERMITTED IN LIEU OF FINE. Provides
that, except as provided by Section 31.131, this section applies to a
person who violates for the first time a provision of this chapter
relating to the operation of a vessel.  Sets forth guidelines for taking a
boater education course in lieu of paying a fine. 

Sec.  31.131.  BOATER EDUCATION COURSE REQUIRED FOR CERTAIN VIOLATIONS.
Requires a justice to require a person who is adjudged guilty of an
offense resulting from the violation of a provision of Sections
31.094-31.102 to pay any fine imposed for the violation, and successfully
complete a boater education course approved by the department not later
than the 180th day after the date the person is adjudged guilty.  Provides
that a person commits a Class A Parks and Wildlife Code misdemeanor if the
person fails to successfully complete the boater education course. 

Sec.  31.132.  REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS.  Requires a
marine safety enforcement officer to provide to the department on a form
prescribed by the department a report of any incident the officer
investigates that involves a boating accident, water fatality, or person
who allegedly operates a boat while intoxicated.  Requires the officer to
provide the report not later than the 15th day after the date the incident
occurred. 

SECTION 12. Repealer:  Section 31.003(9), Parks and Wildlife Code
("undocumented vessel"). 

SECTION 13. (a) Provides that a peace officer of this state and its
political subdivisions and game wardens who enforce Chapter 31, Parks and
Wildlife Code, are not required to be certified under Section 31.121(a),
Parks and Wildlife Code, as amended by this Act, until January 1, 1998. 

(b) Makes application of this Act prospective.

SECTION 14. Effective date: September 1, 1997.

SECTION 15. Emergency clause.