By Solomons H.B. No. 204
75R22 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the boating safety account.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 153.502(b), Tax Code, is amended to read
1-5 as follows:
1-6 (b) The comptroller shall allocate and deposit these
1-7 unclaimed refunds as follows:
1-8 (1) 25 percent of the revenues based on unclaimed
1-9 refunds of taxes paid on motor fuel used in motorboats shall be
1-10 deposited to the credit of the available school fund; and
1-11 (2) the remaining 75 percent of the revenue shall be
1-12 deposited to the credit of the boating safety account in the
1-13 general revenue fund.
1-14 SECTION 2. Section 31.021, Parks and Wildlife Code, is
1-15 amended by adding Subsection (c) to read as follows:
1-16 (c) A person who operates a vessel that is not numbered as
1-17 required by this chapter commits an offense punishable by a fine of
1-18 not less than $100 or more than $500. Fifty dollars of a fine
1-19 assessed and collected under this subsection shall be deposited to
1-20 the credit of the boating safety account in the general revenue
1-21 fund.
1-22 SECTION 3. Section 31.026, Parks and Wildlife Code, is
1-23 amended by amending Subsections (a) and (b) and adding Subsection
1-24 (d) to read as follows:
2-1 (a) Each application for an original or renewal certificate
2-2 of number for a vessel shall be accompanied by a two-year fee
2-3 determined by the following classification schedule or determined
2-4 in the same classifications by the commission, whichever amount is
2-5 more:
2-6 Class Description of Vessel Fee
2-7 Class A less than 16 feet in length $15 [$12]
2-8 Class 1 16 feet or over and less than 26 feet in length $21 [$18]
2-9 Class 2 26 feet or over and less than 40 feet in length $27 [$24]
2-10 Class 3 40 feet or more in length $33 [$30]
2-11 (b) The fee for a vessel less than 16 feet in length owned
2-12 by a vessel livery and used for rental purposes is $9 [$6] for each
2-13 original and renewal application for a certificate of number or an
2-14 amount set by the commission, whichever amount is more.
2-15 (d) Three dollars of a fee collected under this section
2-16 shall be deposited to the credit of the boating safety account in
2-17 the general revenue fund.
2-18 SECTION 4. Section 31.048(a), Parks and Wildlife Code, is
2-19 amended to read as follows:
2-20 (a) The fee for the issuance of a certificate of title or
2-21 for the notation of a security interest, lien, or other encumbrance
2-22 is $8 [$5] or an amount set by the commission, whichever amount is
2-23 more, and is treated as fees collected under Section 31.026 of this
2-24 code.
2-25 SECTION 5. Chapter 31, Parks and Wildlife Code, is amended
2-26 by adding Subchapter G to read as follows:
3-1 SUBCHAPTER G. BOATING SAFETY GRANT PROGRAM
3-2 Sec. 31.161. BOATING SAFETY ACCOUNT. (a) The boating
3-3 safety account is a separate account in the general revenue fund.
3-4 (b) Money deposited to the credit of the boating safety
3-5 account may be used only by the department to make grants to
3-6 political subdivisions to enforce this chapter.
3-7 Sec. 31.162. BOATING SAFETY GRANT PROGRAM. The commission
3-8 by rule shall prescribe procedures for applying for, and establish
3-9 criteria for the awarding of, a grant to a political subdivision to
3-10 enforce this chapter.
3-11 Sec. 31.163. REQUIRED ENFORCEMENT. A political subdivision
3-12 that receives a grant from the department under this subchapter
3-13 shall enforce this chapter within the political subdivision's
3-14 jurisdiction.
3-15 SECTION 6. Section 153.502(c), Tax Code, is repealed.
3-16 SECTION 7. This Act takes effect September 1, 1997.
3-17 SECTION 8. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.