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.