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.