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.