SRC-HRD S.B. 1199 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1199
By: Lucio
Natural Resources
3-19-97
As Filed


DIGEST 

Currently, Texas law does not require operators of personal watercraft,
generally known as "jet skis," to obtain certificates in order to use the
personal watercraft.  In recent years, as Texas' waterways have become
increasingly crowded, an increase in ownership of personal watercraft
owners has given rise to waterway use conflicts.  Many communities have
chosen to ban certain types of boats, especially personal watercraft.   

S.B. 1199 would not deny access to one category of boaters, but rather
seek cooperation between the various users of personal watercraft and the
state through certification by the Texas Parks and Wildlife Department.
This bill establishes a certification program and requires users of
personal watercraft to become certified. 

PURPOSE

As proposed, S.B. 1199 requires users of personal watercraft to hold a jet
ski operator's certificate and sets forth rules and provisions regarding
certification courses. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Parks and Wildlife Commission under
SECTION 3 (Sections 31.173 and 31.174, Parks and Wildlife Code) in this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 31.106(a), Parks and Wildlife Code, to prohibit
a person from operating a personal watercraft if the personal watercraft
is a motorboat within any area prohibited for operation of a motorboat by
state law or local rule or regulation; and unless the operator holds a jet
ski operator's certificate issued under Subchapter G,  rather than
providing that no person shall operate a personal watercraft in the
following manner or under the following circumstances.  Makes
nonsubstantive and conforming changes. 

SECTION 2. Amends Sections 31.124(a) and (c), Parks and Wildlife Code, to
authorize an enforcement officer, in order to enforce the provisions of
this chapter, to stop and board any vessel subject to this chapter and
inspect the boat to determine compliance with applicable provisions, and
if the vessel is a jet ski, to detain the person operating the vessel to
determine if the person holds a jet ski operator's certificate as required
by Subchapter G.  Requires the operator of a vessel required by this
chapter to hold a certificate of number or a jet ski operator's
certificate aboard the vessel to show each certificate, as appropriate, to
the officer on demand.   

SECTION 3. Amends Chapter 31, Parks and Wildlife Code, by adding
Subchapter G, as follows: 

SUBCHAPTER G. JET SKI OPERATOR CERTIFICATION

Sec. 31.171.  DEFINITION.  Defines "jet ski."

Sec. 31.172.  JET SKI OPERATOR'S CERTIFICATE REQUIRED. Authorizes, except
as otherwise prohibited by this chapter, a person to operate a jet ski on
water of this state if the person holds a jet ski operator's certificate
issued by the Parks and Wildlife Department  (department) under Section
31.176, or a temporary jet ski operator's certificate issued by a
certified jet ski instructor as provided by Section 31.177.  Provides that
a person is eligible to obtain a certificate required by this section only
if the person is 18 years of age or older and has satisfactorily completed
the certification course require by this subchapter for the particular
certificate. 

Sec.  31.173.  CERTIFICATION COURSES.  Requires the Parks and Wildlife
Commission (commission), by rule, to adopt a jet ski certification course
program designed to educate persons about and ensure the safe and
responsible operation of jet skis.  Sets forth the required contents of
the program.  Requires the department to ensure that the certification
courses adopted under this section are available in each county having a
population of more than 25,000 or for a county having a population of less
than 25,000 in the county or adjacent county.  Requires the department to
administer the jet ski instructor's certification course. Authorizes the
department to administer the jet  ski operator's and the temporary jet ski
operator's certification courses or to appoint agents to administer those
courses.  Prohibits the department from appointing a person as an agent
under this section unless the person holds a jet ski instructor's
certificate issued by the department under Section 31.175 and meets any
additional requirements the commission, by rule, may establish. 

Sec. 31.174.  FEES.  Requires the commission, by rule, to set certain
fees.  Sets forth provisions regarding the amount, collection, and
forwarding of fees.  Authorizes the agent to collect and keep an
additional service fee the maximum amount of which may be set by the
commission to permit the agent to recover the costs of providing the
course and reasonable compensation for services and equipment.   

Sec. 31.175.  JET SKI INSTRUCTOR'S CERTIFICATE.  Sets forth provisions
regarding eligibility requirements and fees for a jet ski instructor's
certificate.  Provides that a jet ski instructor's certificate does not
expire.  Authorizes the revocation of the certificate if the holder of the
certificate violates this chapter or a rule adopted under this chapter.   

Sec. 31.176.  JET SKI OPERATOR'S CERTIFICATE.  Authorizes the department
or an agent of the department to issue a jet ski operator's certificate to
a person eligible under Section 31.172(b) subject to payment of the
required course and certification fees.  Provides that a jet ski
operator's certificate does not expire.  Authorizes the revocation of the
certificate if the holder of the certificate violates this chapter or a
rule adopted under this chapter. 


Sec. 31.177.  TEMPORARY JET SKI OPERATOR'S CERTIFICATE. Requires the
department or an agent of the department to issue a temporary jet ski
operator's certificate to a person eligible under Section 31.172(b)
subject to payment of the required course and certification fees.
Provides that a temporary jet ski operator's certificate expires 72 hours
after issuance. 

Sec. 31.178.  FORM OF CERTIFICATES.  Requires the department to prescribe
the form of certificates authorized to be issued under this chapter.   

Sec. 31.179.  JET SKI RENTAL RESTRICTED.  Prohibits any person from
renting a jet ski to another person unless the person to whom the jet ski
is rented and by whom the jet ski will be operated holds a jet ski
operator's certificate or a temporary jet ski operator's certificate
issued under this subchapter. 

SECTION 4.(a) Effective date: September 1, 1997.  Effective date for
SECTIONS 1 and 2 of this Act and Section 31.179, Parks and Wildlife Code,
as added by SECTION 3 of this Act:  June 1, 1998. 

(b)  Requires the commission, not later than December 1, 1997, to adopt
any rules necessary for the implementation and administration of the jet
ski operator and jet ski instructor certification program created by
Chapter 31G, Parks and Wildlife Code, as added by this Act. 

 (c) Requires the commission, not later than March 1, 1998, to authorize
and implement the certification courses authorized by Section 31.173,
Parks and Wildlife Code, as added by this Act. 

(d) Requires the department, not later than April 1, 1998, to begin
issuing jet ski operator's and jet ski instructor's certificates as
authorized by Chapter 31G, Parks and Wildlife Code, as added by this Act. 

SECTION 5.Emergency clause.