By Kamel H.B. No. 965
75R4367 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a license to operate a boat; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.124(a), Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 (a) In order to enforce the provisions of this chapter, an
1-8 enforcement officer may stop and board any vessel subject to this
1-9 chapter and may:
1-10 (1) inspect the boat to determine compliance with
1-11 applicable provisions; and
1-12 (2) detain the person operating the vessel to
1-13 determine if the person has a vessel operator's license as required
1-14 by this chapter.
1-15 SECTION 2. Chapter 31, Parks and Wildlife Code, is amended
1-16 by adding Subchapter G to read as follows:
1-17 SUBCHAPTER G. VESSEL OPERATOR'S LICENSE
1-18 Sec. 31.171. DEFINITION. In this subchapter "vessel
1-19 operator's license" means:
1-20 (1) a license or certificate with photographic
1-21 identification issued by the department under this subchapter; or
1-22 (2) a driver's license with a vessel operator's
1-23 endorsement.
1-24 Sec. 31.172. OPERATOR'S LICENSE REQUIRED. (a) Except as
2-1 otherwise provided by this section, no person may operate a
2-2 motor-powered vessel on water of this state unless the person holds
2-3 a vessel operator's license.
2-4 (b) Effective January 1, 1999, a person who is 12 years of
2-5 age or older is required to hold a vessel operator's license to
2-6 operate a motor-powered vessel on the water of this state. This
2-7 subsection does not apply to a person who is 21 years of age or
2-8 older on January 1, 1999.
2-9 (c) A person younger than 12 years of age may not operate a
2-10 motor-powered vessel on the water of this state unless the person
2-11 is accompanied on board and directly supervised by a person 18
2-12 years of age or older who holds a vessel operator's license or is
2-13 otherwise exempt under this subchapter from the requirement of
2-14 holding a vessel operator's license.
2-15 (d) A person violates this section if the person:
2-16 (1) operates a motor-powered vessel on the water of
2-17 this state and does not have a vessel operator's license as
2-18 required by this section; or
2-19 (2) authorizes or knowingly permits a motor-powered
2-20 vessel owned by or under the control of the person to be operated
2-21 on the water of this state by another person:
2-22 (A) who does not have a vessel operator's
2-23 license as required by this section; or
2-24 (B) in violation of Subsection (c).
2-25 Sec. 31.173. LICENSE APPLICATION. An application for a
2-26 vessel operator's license must state the applicant's full name and
2-27 place and date of birth. This information must be verified by
3-1 presentation of proof of identity satisfactory to the department
3-2 and sworn to by the applicant.
3-3 Sec. 31.174. LICENSE ISSUANCE. (a) The department or an
3-4 authorized agent of the department shall issue a vessel operator's
3-5 license to a person who has completed an application and who:
3-6 (1) has successfully completed a boating safety
3-7 course;
3-8 (2) has successfully passed an equivalency examination
3-9 prepared and administered by the department; or
3-10 (3) holds a master's, mate's, or operator's license
3-11 issued by the U.S. Coast Guard.
3-12 (b) A boating safety course used for licensing under this
3-13 subchapter must be certified by the department as having met the
3-14 standards for approval by the National Association of State Boating
3-15 Law Administrators using standards in effect on September 1, 1998,
3-16 or as updated if updated after that date. A course under this
3-17 section may include a course sponsored by the U.S. Coast Guard
3-18 Auxiliary, U.S. Power Squadrons, American Red Cross, or a county or
3-19 municipality. The department shall keep a list of available
3-20 certified courses.
3-21 (c) An equivalency examination given by the department under
3-22 Subsection (a) must test knowledge of safe boating. The
3-23 equivalency examination shall have a degree of difficulty equal to
3-24 or greater than that of the examination given at the conclusion of
3-25 a boating safety course certified by the department under
3-26 Subsection (b).
3-27 Sec. 31.175. NEW STATE RESIDENT LICENSE: ISSUANCE. A
4-1 person who has established residence in this state not earlier than
4-2 six months before the date of the application for a vessel
4-3 operator's license may obtain a resident vessel operator's license
4-4 if the person:
4-5 (1) presents to the department a certificate that
4-6 demonstrates successful completion out of this state of a safe
4-7 boating course approved by the National Association of State
4-8 Boating Law Administrators using standards in effect on September
4-9 1, 1998, or as updated if updated after that date and is not
4-10 otherwise disqualified from obtaining a license; or
4-11 (2) holds a vessel operator's license issued by
4-12 another state or territory and:
4-13 (A) the other state or territory's requirements
4-14 meet or exceed the provisions of this subchapter; and
4-15 (B) the person surrenders that license to the
4-16 department.
4-17 Sec. 31.176. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND.
4-18 (a) A person required to hold a license under Section 31.172
4-19 shall:
4-20 (1) have a vessel operator's license in the person's
4-21 possession while operating a motor-powered vessel; and
4-22 (2) display the license on the demand of a peace
4-23 officer of this state or an authorized employee of the department.
4-24 (b) A person who violates this section commits an offense.
4-25 (c) It is a defense to prosecution under this section, and
4-26 the court shall dismiss the charge, if the person charged produces
4-27 in court a vessel operator's license:
5-1 (1) issued to that person; and
5-2 (2) valid at the time of the arrest for the offense.
5-3 Sec. 31.177. ADMINISTRATION: RULES. (a) The commission by
5-4 rule shall:
5-5 (1) determine the content of equivalency examinations;
5-6 (2) specify the criteria that will be used by the
5-7 department to authorize an agent under Section 31.174;
5-8 (3) set an expiration date for a license issued under
5-9 this subchapter; and
5-10 (4) make other rules necessary to implement this
5-11 subchapter.
5-12 (b) The commission by rule may provide for:
5-13 (1) examinations and certificates required by this
5-14 subchapter;
5-15 (2) issuance of certificates, licenses, duplicate
5-16 licenses, and nonresident licenses and license renewal;
5-17 (3) notification of legal name and address change
5-18 under Section 31.180;
5-19 (4) a fee for the boating safety course and
5-20 examination; and
5-21 (5) educating the public about this subchapter.
5-22 (c) Using Chapter 521, Transportation Code, as a guide to
5-23 the extent that the provisions of that chapter can be made
5-24 applicable, the commission by rule may provide for:
5-25 (1) denial of a vessel operator's license to a person
5-26 for reasons similar to those that would make a person ineligible
5-27 for a driver's license to the extent that those reasons do not
6-1 conflict with this subchapter and can be made applicable; and
6-2 (2) suspension or revocation of a vessel operator's
6-3 license:
6-4 (A) as a penalty for violation of this
6-5 subchapter or Subchapter C or D; or
6-6 (B) for reasons similar to those that would
6-7 cause a person's driver's license to be suspended or revoked to the
6-8 extent that those reasons do not conflict with this subchapter and
6-9 can be made applicable.
6-10 (d) The department may enter into an interagency agreement
6-11 with the Department of Public Safety to establish a program to
6-12 provide for a vessel operator's license to be added as an
6-13 endorsement to a driver's license. The commission by rule shall
6-14 provide guidelines to implement a program established under this
6-15 subsection.
6-16 Sec. 31.178. PROHIBITED ACTS. (a) No person may:
6-17 (1) display or permit to be displayed or have in the
6-18 person's possession a vessel operator's license or certificate that
6-19 the person knows is fictitious or has been revoked, suspended, or
6-20 altered;
6-21 (2) knowingly permit another person to possess or use
6-22 the person's vessel operator's license or certificate;
6-23 (3) display or represent as the person's own a vessel
6-24 operator's license or certificate not issued to the person;
6-25 (4) fail or refuse to surrender to the department on
6-26 demand a vessel operator's license or certificate that has been
6-27 suspended or revoked; or
7-1 (5) possess more than one vessel operator's license or
7-2 more than one vessel operator's certificate.
7-3 (b) A person who violates this section commits an offense.
7-4 Sec. 31.179. FEES. (a) The commissioner shall deposit any
7-5 fees collected under this subchapter in an account in the general
7-6 revenue fund. Money in the account may be used only for
7-7 administrative costs of this subchapter, boating safety education,
7-8 and marine law enforcement.
7-9 (b) Interest that accrues on the account established under
7-10 Subsection (a) remains in that account.
7-11 Sec. 31.180. CHANGE OF NAME OR ADDRESS. Not later than the
7-12 15th day after the date a person changes the person's name by
7-13 marriage or otherwise or moves from the address shown on the
7-14 person's vessel operator's license or certificate, the person shall
7-15 notify the department of that change.
7-16 Sec. 31.181. EXEMPTIONS. (a) A person is exempt from this
7-17 subchapter if the person is:
7-18 (1) operating a vessel on a privately owned body of
7-19 water not open to public use;
7-20 (2) a student in a vessel operator's training program
7-21 certified by the department and operates a vessel as a part of the
7-22 program; or
7-23 (3) a nonresident 12 years of age or older who:
7-24 (A) holds a vessel operator's license issued by
7-25 the responsible agency in that person's state of residence; or
7-26 (B) has successfully completed a boating safety
7-27 course approved by the National Association of State Boating Law
8-1 Administrators that uses standards in effect on September 1, 1998.
8-2 (b) A nonresident at least 12 years of age but younger than
8-3 16 years of age whose state of residence does not require a vessel
8-4 operator's license is exempt from the licensing requirements of
8-5 this subchapter for a cumulative operation period of not more than
8-6 90 days in any calendar year or 90 consecutive days if the person
8-7 is under the direct supervision of a person 18 years of age or
8-8 older who holds a valid vessel operator's license or who is exempt
8-9 under the provisions of this subchapter from the requirement of
8-10 holding a vessel operator's license.
8-11 (c) A nonresident 16 years of age or older whose state of
8-12 residence does not require a vessel operator's license is exempt
8-13 from the licensing requirements of this subchapter for a cumulative
8-14 operation period of not more than 90 days in any calendar year or
8-15 90 consecutive days.
8-16 Sec. 31.182. PENALTY. (a) A person who violates this
8-17 subchapter commits an offense.
8-18 (b) A first offense under this subchapter is a Class C Parks
8-19 and Wildlife Code misdemeanor.
8-20 (c) If it is shown at the trial of the defendant that the
8-21 defendant has been convicted within the preceding 60 months of a
8-22 violation of this chapter, on conviction the defendant shall be
8-23 punished for a Class B Parks and Wildlife Code misdemeanor.
8-24 (d) If it is shown at the trial of the defendant that the
8-25 defendant has been convicted two or more times within the preceding
8-26 120 months of a violation of this chapter, on conviction the
8-27 defendant shall be punished for a Class A Parks and Wildlife Code
9-1 misdemeanor.
9-2 SECTION 3. Section 31.107, Parks and Wildlife Code, is
9-3 repealed.
9-4 SECTION 4. (a) Except as otherwise provided by this
9-5 section, this Act takes effect September 1, 1997.
9-6 (b) Not later than January 1, 1998, the Parks and Wildlife
9-7 Commission shall adopt the rules authorized by Section 31.177,
9-8 Parks and Wildlife Code, as added by this Act, and any other rules
9-9 necessary for the administration of the vessel operator's license
9-10 program created by Subchapter G, Chapter 31, Parks and Wildlife
9-11 Code, as added by this Act.
9-12 (c) Not later than March 1, 1998, the Parks and Wildlife
9-13 Commission shall authorize and the Parks and Wildlife Department
9-14 shall implement the boating safety course and equivalency
9-15 examination authorized by Section 31.174, Parks and Wildlife Code,
9-16 as added by this Act.
9-17 (d) Not later than June 1, 1998, the Parks and Wildlife
9-18 Department shall begin issuing vessel operator's licenses as
9-19 required by Subchapter G, Chapter 31, Parks and Wildlife Code, as
9-20 added by this Act.
9-21 (e) Section 31.124(a), Parks and Wildlife Code, as amended
9-22 by this Act, and Sections 31.172, 31.176, 31.178, and 31.182, Parks
9-23 and Wildlife Code, as added by this Act, apply only to an act
9-24 prohibited by Subchapter G, Chapter 31, Parks and Wildlife Code, as
9-25 added by this Act, that occurs on or after January 1, 1999.
9-26 SECTION 5. The importance of this legislation and the
9-27 crowded condition of the calendars in both houses create an
10-1 emergency and an imperative public necessity that the
10-2 constitutional rule requiring bills to be read on three several
10-3 days in each house be suspended, and this rule is hereby suspended.