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.