By Solomons H.B. No. 206
75R24 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a person to complete a boating safety course
1-3 in certain circumstances; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.106(a), Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 (a) No person shall operate a personal watercraft in the
1-8 following manner or under the following circumstances:
1-9 (1) unless each person riding on or towed behind the
1-10 vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V
1-11 personal flotation device;
1-12 (2) if the vessel is equipped by the manufacturer with
1-13 a lanyard type engine cutoff switch, unless such lanyard is
1-14 attached to the person, clothing, or personal flotation device of
1-15 the operator as appropriate for the vessel involved;
1-16 (3) during the period between sunset and sunrise;
1-17 (4) within 50 feet of any other vessel, person,
1-18 stationary platform or other object, or shore, except another
1-19 personal watercraft, or except at headway speed;
1-20 (5) if the operator is under 16 [13] years of age,
1-21 unless the operator[:]
1-22 [(A) is accompanied by a person at least 17
1-23 years of age; or]
1-24 [(B) the operator] has successfully completed a
2-1 boating safety course prescribed and approved by the department;
2-2 (6) if the personal watercraft is a motorboat, within
2-3 any area prohibited for operation of a motorboat by state law or
2-4 local rule or regulation;
2-5 (7) while towing water skis, an aquaplane, a
2-6 surfboard, a tube, or any other similar device, unless the towing
2-7 vessel is designed to carry on board a minimum of two persons;
2-8 (8) by jumping the wake of another vessel recklessly
2-9 or unnecessarily close to that vessel; or
2-10 (9) in a manner that requires the operator to swerve
2-11 at the last possible moment to avoid collision.
2-12 SECTION 2. Section 31.107, Parks and Wildlife Code, is
2-13 amended to read as follows:
2-14 Sec. 31.107. Operation of Vessel [MOTORBOAT]. (a) No
2-15 person may operate a vessel on the public waters of this state 14
2-16 feet or more in depth unless the person is:
2-17 (1) 18 years of age or older; or
2-18 (2) at least 16 years of age but younger than 18 years
2-19 of age and has successfully passed a boating safety course
2-20 prescribed and approved by the department.
2-21 (b) No person may operate a motorboat of over 15 horsepower
2-22 on the public waters of this state less than 14 feet in depth
2-23 unless the person:
2-24 (1) is 13 years of age or older; [or:]
2-25 (2) [(1)] is accompanied by a person 16 years of age
2-26 or older; or
2-27 (3) [(2)] has successfully passed a boating safety
3-1 course prescribed and approved by the department.
3-2 SECTION 3. Subchapter E, Chapter 31, Parks and Wildlife
3-3 Code, is amended by adding Section 31.130 to read as follows:
3-4 Sec. 31.130. BOATING SAFETY COURSE REQUIRED FOR CERTAIN
3-5 OFFENSES; PENALTY. (a) The court assessing punishment shall
3-6 require a person who is convicted of an offense under Section
3-7 31.094, 31.095, 31.096, 31.098, 31.099, 31.100, 31.101, 31.102,
3-8 31.1021, 31.103, or 31.106 to successfully complete a boating
3-9 safety course prescribed and approved by the department.
3-10 (b) The person shall present to the court not later than the
3-11 90th day after the date the person is convicted written evidence in
3-12 a form acceptable to the court that the person has successfully
3-13 completed the required course. A person who violates this
3-14 subsection commits an offense that is punishable by a fine of not
3-15 less than $150 or more than $500.
3-16 SECTION 4. (a) The change in law made by Section 3 of this
3-17 Act applies only to an offense committed on or after the effective
3-18 date of this Act. For purposes of this section, an offense is
3-19 committed before the effective date of this Act if any element of
3-20 the offense occurs before that date.
3-21 (b) An offense committed before the effective date of this
3-22 Act is covered by the law in effect when the offense was committed,
3-23 and the former law is continued in effect for that purpose.
3-24 SECTION 5. This Act takes effect September 1, 1997.
3-25 SECTION 6. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.