By Solomons H.B. No. 203
75R26 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to penalties for certain water safety violations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.062, Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 Sec. 31.062. OPERATION OF VESSELS WITHOUT REQUIRED EQUIPMENT
1-7 PROHIBITED; PENALTY. (a) No person may operate or give permission
1-8 for the operation of a vessel that is not provided with the
1-9 equipment required by this chapter.
1-10 (b) A person who operates a vessel that is not in compliance
1-11 with Section 31.064, 31.066, or 31.067 commits an offense
1-12 punishable by a fine of not less than $50 or more than $500.
1-13 SECTION 2. Section 31.094, Parks and Wildlife Code, is
1-14 amended to read as follows:
1-15 Sec. 31.094. RECKLESS OR NEGLIGENT OPERATION; PENALTY. (a)
1-16 No person may operate any motorboat or vessel or manipulate any
1-17 water skis, aquaplane, or similar device in a wilfully or wantonly
1-18 reckless or negligent manner that endangers the life, limb, or
1-19 property of any person.
1-20 (b) A person who violates this section commits an offense
1-21 punishable by a fine of not less than $100 or more than $500.
1-22 SECTION 3. Section 31.095, Parks and Wildlife Code, is
1-23 amended to read as follows:
1-24 Sec. 31.095. EXCESSIVE SPEED; PENALTY. (a) No person may
2-1 operate any boat at a rate of speed greater than is reasonable and
2-2 prudent, having due regard for the conditions and hazards, actual
2-3 and potential, then existing, including weather and density of
2-4 traffic, or greater than will permit him, in the exercise of
2-5 reasonable care, to bring the boat to a stop within the assured
2-6 clear distance ahead.
2-7 (b) The commission may provide for the standardization of
2-8 speed limits for moving vessels. No political subdivision or state
2-9 agency may impose a speed limit not in conformity with the
2-10 commission's standards.
2-11 (c) A person who violates Subsection (a) commits an offense
2-12 punishable by a fine of not less than $50 or more than $500.
2-13 SECTION 4. Section 31.104, Parks and Wildlife Code, is
2-14 amended to read as follows:
2-15 Sec. 31.104. ACCIDENTS: DUTY OF OPERATORS; PENALTY. (a)
2-16 The operator of a vessel involved in a collision, accident, or
2-17 casualty shall:
2-18 (1) render to other persons affected such assistance
2-19 as may be practicable and necessary in order to save them from or
2-20 minimize any danger insofar as he can do so without serious danger
2-21 to his own vessel, crew, and passengers; and
2-22 (2) give his name, address, and identification of his
2-23 vessel in writing to any person injured and to the owner of any
2-24 property damaged in the collision, accident, or other casualty.
2-25 (b) A person commits an offense that is a Parks and Wildlife
2-26 Code felony if the person, at the time of a collision, accident, or
2-27 other casualty that results in death or injury to another person:
3-1 (1) is the operator of a vessel that is involved in
3-2 the collision, accident, or other casualty; and
3-3 (2) violates this section.
3-4 (c) Except as provided by Subsection (b), the operator of a
3-5 vessel who violates this section commits an offense that is a Class
3-6 A Parks and Wildlife Code misdemeanor.
3-7 SECTION 5. (a) Section 1, Chapter 48, Acts of the 64th
3-8 Legislature, Regular Session, 1975, is repealed.
3-9 (b) The repeal of the provision described by Subsection (a)
3-10 of this section prevails over another Act of the 75th Legislature
3-11 relating to the nonsubstantive codification of that provision.
3-12 SECTION 6. (a) The changes in law made by Sections 1
3-13 through 4 of this Act apply only to an offense committed on or
3-14 after the effective date of this Act. For purposes of this
3-15 section, an offense is committed before the effective date of this
3-16 Act if any element of the offense occurs before that date.
3-17 (b) An offense committed before the effective date of this
3-18 Act is covered by the law in effect when the offense was committed,
3-19 and the former law is continued in effect for that purpose.
3-20 SECTION 7. This Act takes effect September 1, 1997.
3-21 SECTION 8. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.