1-1 AN ACT
1-2 relating to water safety; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 31.003(1) and (7), Parks and Wildlife
1-5 Code, are amended to read as follows:
1-6 (1) "Boat" means a vessel not more than 65 feet in
1-7 length, measured from end to end over the deck, excluding sheer[,
1-8 and manufactured or used primarily for noncommercial use].
1-9 (7) "Dealer" means a person customarily engaged in the
1-10 business of buying, selling, or exchanging at least five vessels or
1-11 outboard motors during a calendar year at an established or
1-12 permanent place of business in this state and that at each place
1-13 of business there is a sign conspicuously displayed showing the
1-14 name of the dealership so that it may be located by the public and
1-15 sufficient space to maintain an office, service area, and display
1-16 of products.
1-17 SECTION 2. Section 31.004, Parks and Wildlife Code, is
1-18 amended to read as follows:
1-19 Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
1-20 chapter apply to all public water of this state and to all vessels
1-21 [watercraft navigated or moving] on the public water. Privately
1-22 owned water is not subject to the provisions of this chapter.
1-23 SECTION 3. Section 31.021(b), Parks and Wildlife Code, is
1-24 amended to read as follows:
2-1 (b) No person may operate or give permission for the
2-2 operation of any vessel or may dock, moor, or store a vessel owned
2-3 by the person on the water of this state unless:
2-4 (1) the vessel is numbered as required by this
2-5 chapter;
2-6 (2) [, unless] the certificate of number awarded to
2-7 the vessel is in full force and effect;[,] and
2-8 (3) [unless] the identifying number set forth in the
2-9 certificate is properly displayed on each side of the bow of the
2-10 vessel.
2-11 SECTION 4. Section 31.043, Parks and Wildlife Code, is
2-12 amended to read as follows:
2-13 Sec. 31.043. MANUFACTURER'S IDENTIFICATION [SERIAL] NUMBER.
2-14 (a) All vessels manufactured for sale in Texas shall carry a
2-15 manufacturer's hull identification [serial] number clearly
2-16 imprinted on the structure of the vessel or displayed on a plate
2-17 permanently attached to the vessel.
2-18 (b) The owner of a vessel not required to carry a
2-19 manufacturer's hull identification [serial] number may file an
2-20 application for a hull identification [serial] number with the
2-21 department on forms approved by it. The application must be signed
2-22 by the owner of the vessel and must be accompanied by a fee of $2
2-23 or an amount set by the commission, whichever amount is more. On
2-24 receipt of the application in approved form, the department shall
2-25 enter the information on the records of its office and shall issue
2-26 to the applicant a hull identification [serial] number.
2-27 (c) No person may intentionally or knowingly [wilfully]
3-1 destroy, remove, alter, cover, or deface the manufacturer's hull
3-2 identification [serial] number or plate bearing the hull
3-3 identification [serial] number or the hull identification [serial]
3-4 number issued by the department. No person may possess a vessel
3-5 with a hull identification number or an outboard motor with a
3-6 serial number that has been altered, defaced, mutilated, or
3-7 removed. A person who has a vessel with an altered, defaced,
3-8 mutilated, or removed hull identification [or missing serial]
3-9 number or an outboard motor with an altered, defaced, mutilated, or
3-10 removed serial number shall file a sworn statement with the
3-11 department describing the vessel or outboard motor, proving legal
3-12 ownership, and, if known, stating the reason for the destruction,
3-13 removal, or defacement of the [serial] number.
3-14 SECTION 5. Section 31.106, Parks and Wildlife Code, is
3-15 amended to read as follows:
3-16 Sec. 31.106. PERSONAL WATERCRAFT. (a) No person shall
3-17 operate a personal watercraft in the following manner or under the
3-18 following circumstances:
3-19 (1) unless each person riding on or towed behind the
3-20 vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V
3-21 personal flotation device;
3-22 (2) if the vessel is equipped by the manufacturer with
3-23 a lanyard type engine cutoff switch, unless such lanyard is
3-24 attached to the person, clothing, or personal flotation device of
3-25 the operator as appropriate for the vessel involved;
3-26 (3) during the period between sunset and sunrise;
3-27 (4) within 50 feet of any other vessel, person,
4-1 stationary platform or other object, or shore, [except another
4-2 personal watercraft, or] except at headway speed;
4-3 (5) if the operator is under 16 [13] years of age,
4-4 unless the operator:
4-5 (A) is accompanied by a person at least 18 [17]
4-6 years of age; or
4-7 (B) is at least 13 years of age and [the
4-8 operator] has successfully completed a boating safety course
4-9 prescribed and approved by the department;
4-10 (6) if the personal watercraft is a motorboat, within
4-11 any area prohibited for operation of a motorboat by state law or
4-12 local rule or regulation;
4-13 (7) while towing water skis, an aquaplane, a
4-14 surfboard, a tube, or any other similar device, unless the towing
4-15 vessel is designed to carry on board a minimum of two persons;
4-16 (8) by jumping the wake of another vessel recklessly
4-17 or unnecessarily close to that vessel; or
4-18 (9) in a manner that requires the operator to swerve
4-19 at the last possible moment to avoid collision.
4-20 (b) The provisions of this section do not apply to
4-21 professional exhibitions or an officially sanctioned race,
4-22 tournament, or exhibition.
4-23 (c) Subsection (a)(4) of this section does not prohibit the
4-24 operation of personal watercraft on bodies of water less than 100
4-25 feet in width.
4-26 (d) An owner of a personal watercraft permitting a person
4-27 under 18 years of age to operate the personal watercraft in a
5-1 manner prohibited by this section may be notified of the violation.
5-2 (e) For the purposes of this section, a person is considered
5-3 to be accompanying the operator of a personal watercraft if the
5-4 person is on board the personal watercraft when underway.
5-5 SECTION 6. Section 31.107, Parks and Wildlife Code, is
5-6 amended to read as follows:
5-7 Sec. 31.107. OPERATION OF MOTORBOAT. No person may operate
5-8 a motorboat of over 15 horsepower on the public waters of this
5-9 state unless the person is 16 [13] years of age or older or:
5-10 (1) is accompanied by a person (18) [16] years of age
5-11 or older; or
5-12 (2) is at least 13 years of age and has successfully
5-13 passed a boating safety course prescribed and approved by the
5-14 department.
5-15 SECTION 7. Subchapter D, Chapter 31, Parks and Wildlife
5-16 Code, is amended by adding Sections 31.108, 31.109, 31.110, and
5-17 31.111 to read as follows:
5-18 Sec. 31.108. BOATER EDUCATION PROGRAM. (a) The commission
5-19 shall adopt rules to:
5-20 (1) administer a boater education program that is
5-21 designed to educate persons about the safe operation of vessels;
5-22 (2) approve boater education courses that meet or
5-23 exceed the minimum instruction requirement, as the requirement
5-24 exists on January 1, 1997, established by the National Association
5-25 of State Boating Law Administrators;
5-26 (3) create an equivalency examination that may be
5-27 taken, as the commission determines is consistent with promoting
6-1 public safety in the operation of vessels, instead of the boater
6-2 education course; and
6-3 (4) ensure that boater education courses and
6-4 examinations are available in each county.
6-5 (b) The commission by rule may create exemptions from boater
6-6 education requirements imposed by statute to the extent the
6-7 exemptions are consistent with promoting public safety in the
6-8 operation of vessels.
6-9 (c) The commission by rule shall create a standard form for
6-10 a boater identification card to be issued to a person who
6-11 successfully completes a boater education course or course
6-12 equivalency examination.
6-13 (d) The department may appoint agents to:
6-14 (1) administer a boater education course or course
6-15 equivalency examination; and
6-16 (2) issue boater identification cards under guidelines
6-17 established by the commission.
6-18 (e) An officer or employee of the department shall collect a
6-19 $5 examination or course fee and forward the fee and any
6-20 examination documentation to the department not later than the 30th
6-21 day after the date the examination or course is administered.
6-22 (f) An agent acting under authority of Subsection (d):
6-23 (1) shall collect a $10 examination or course fee and
6-24 forward the fee and any examination documentation to the department
6-25 not later than the 30th day after the date the examination or
6-26 course is administered; and
6-27 (2) may collect and keep a $3 service fee.
7-1 Sec. 31.109. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN
7-2 PERSONS. (a) This section applies only to a person who is:
7-3 (1) born on or after September 1, 1984; and
7-4 (2) operating on the public water of this state:
7-5 (A) a vessel powered by a motor of 10 horsepower
7-6 or more; or
7-7 (B) a windblown vessel over 14 feet in length.
7-8 (b) A person subject to this section must have in the
7-9 person's possession:
7-10 (1) a photographic identification card; and
7-11 (2) a boater identification card issued by the
7-12 department.
7-13 (c) The department shall issue a boater identification card
7-14 to a person who has successfully completed:
7-15 (1) a boater education course approved by the
7-16 department; or
7-17 (2) a course equivalency examination approved by the
7-18 department.
7-19 (d) A boater identification card issued to a person who has
7-20 successfully completed a boater education course or course
7-21 equivalency examination does not expire.
7-22 (e) Upon proof of completion of a boater safety education
7-23 course a court shall dismiss a violation of Subsections (b)(1) and
7-24 (2).
7-25 Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE
7-26 REQUIREMENT. A person is not required to comply with Section
7-27 31.109 if the person:
8-1 (1) holds a master's, mate's, or operator's license
8-2 issued by the United States Coast Guard;
8-3 (2) is supervised by a person who:
8-4 (A) is otherwise exempt from the requirements of
8-5 Section 31.109 or possesses a boater identification card as
8-6 required by Section 31.109; and
8-7 (B) is at least 18 years of age;
8-8 (3) is at least 18 years of age;
8-9 (4) is not a resident of this state and has proof that
8-10 the person has successfully completed a boater education course or
8-11 equivalency examination in another state that is approved by the
8-12 department; or
8-13 (5) is exempt by rule of the department.
8-14 Sec. 31.111. OPERATING VESSEL LIVERY. (a) A vessel livery
8-15 must purchase liability insurance from an insurer licensed to do
8-16 business in this state.
8-17 (b) Before releasing possession of a rented vessel, a vessel
8-18 livery shall provide each operator of the rented vessel instruction
8-19 relating to:
8-20 (1) the provisions of this chapter;
8-21 (2) operational characteristics of the rented vessel;
8-22 and
8-23 (3) boating regulations that apply in the area of
8-24 operation of the vessel.
8-25 (c) After providing the instruction required by Subsection
8-26 (b) and before releasing possession of the rented vessel, the
8-27 vessel livery shall require each operator to sign an acknowledgment
9-1 form indicating that the operator has received the required
9-2 instruction. The vessel livery shall retain the form for at least
9-3 six months.
9-4 SECTION 8. Section 31.121, Parks and Wildlife Code, is
9-5 amended to read as follows:
9-6 Sec. 31.121. ENFORCEMENT OFFICERS. (a) All peace officers
9-7 of this state [and its political subdivisions] and game wardens
9-8 commissioned by the commission must be certified as marine safety
9-9 enforcement officers by the department to [management officers are
9-10 enforcement officers for the purposes of this chapter.]
9-11 [(b) The enforcement officers may] enforce the provisions of
9-12 this chapter by arresting and taking into custody any person who
9-13 commits any act or offense prohibited by this chapter or who
9-14 violates any provision of this chapter.
9-15 (b) The commission by rule shall establish standards for
9-16 training and certifying marine safety enforcement officers under
9-17 this section.
9-18 (c) The commission by rule may create exemptions for peace
9-19 officers from marine safety enforcement officer training and
9-20 certification requirements imposed by statute.
9-21 (d) The commission by rule shall establish and collect a
9-22 fee to recover the administrative costs associated with the
9-23 certification of marine safety enforcement officers. The
9-24 commission shall require the applicant for certification or the
9-25 applicant's employer to pay the fee required under this section.
9-26 (e) Game wardens [management officers] may assist in the
9-27 search for and rescue of victims of water-oriented accidents.
10-1 SECTION 9. Section 31.127, Parks and Wildlife Code, is
10-2 amended to read as follows:
10-3 Sec. 31.127. PENALTIES. (a) A person who violates or fails
10-4 to comply with any provision of this chapter, or who violates or
10-5 fails to comply with a city ordinance or order of a commissioners
10-6 court or a political subdivision of the state made or entered under
10-7 this chapter, [for which no other penalty is applicable] commits an
10-8 offense that is a Class C Parks and Wildlife Code misdemeanor.
10-9 (b) A person who violates Section 31.043(c) or 31.096 [or
10-10 31.104] of this code commits an offense that is a Class B Parks and
10-11 Wildlife Code misdemeanor.
10-12 (c) A person who operates a vessel in violation of Section
10-13 31.021(b) or 31.095 commits an offense punishable by a fine of not
10-14 less than $100 or more than $500.
10-15 (d) The operator of a vessel who is involved in a collision,
10-16 accident, or other casualty that results in death or serious bodily
10-17 injury to another person and fails to comply with Section 31.104
10-18 commits an offense that is a Parks and Wildlife Code felony.
10-19 (e) Except as provided by Subsection (d), the operator of a
10-20 vessel who is involved in a collision, accident, or other casualty
10-21 and fails to comply with Section 31.104 commits an offense that is
10-22 a Class A Parks and Wildlife Code misdemeanor.
10-23 SECTION 10. Section 31.128, Parks and Wildlife Code, is
10-24 amended by amending Subsection (b) and adding Subsections (c) and
10-25 (d) to read as follows:
10-26 (b) In justice court cases filed as the result of an arrest
10-27 by a game warden, the amount to be remitted to the game, fish, and
11-1 water safety account shall be 85 percent of the fine. In county
11-2 court cases filed as the result of an arrest by a game warden, the
11-3 amount to be remitted to the game, fish, and water safety account
11-4 shall be 80 percent of the fine. All costs of the court shall be
11-5 retained by the court having jurisdiction of the offense and
11-6 deposited as other fees in the proper county fund.
11-7 (c) In court cases filed as the result of an arrest by a
11-8 marine safety enforcement officer other than a game warden, the
11-9 amount to be remitted to the game, fish, and water safety account
11-10 shall be 60 percent of the fine. All costs of the court shall be
11-11 retained by the court having jurisdiction of the offense and
11-12 deposited as other fees in the proper county fund.
11-13 (d) Not less than 50 percent of the amount remitted to the
11-14 game, fish, and water safety account under Subsection (c) must be
11-15 used for the administration and enforcement of this chapter.
11-16 SECTION 11. Subchapter E, Chapter 31, Parks and Wildlife
11-17 Code, is amended by adding Sections 31.130, 31.131, and 31.132 to
11-18 read as follows:
11-19 Sec. 31.130. BOATER EDUCATION COURSE PERMITTED IN LIEU OF
11-20 FINE. (a) Except as provided by Section 31.131, this section
11-21 applies to a person who violates for the first time a provision of
11-22 this chapter relating to the operation of a vessel.
11-23 (b) A justice may defer imposition of a fine and place a
11-24 defendant on probation for a period not to exceed 60 days if the
11-25 defendant:
11-26 (1) pleads guilty or nolo contendere or is found
11-27 guilty; and
12-1 (2) requests permission from the court to attend a
12-2 boater education course.
12-3 (c) The justice shall require the defendant to successfully
12-4 complete a boater education course approved by the department
12-5 during the probation period.
12-6 (d) If the defendant presents satisfactory evidence that the
12-7 defendant has successfully completed the boater education course,
12-8 the justice shall waive imposition of a fine. If the defendant
12-9 fails to successfully complete the boater education course, the
12-10 justice shall impose a fine for the violation.
12-11 Sec. 31.131. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN
12-12 VIOLATIONS. (a) A justice shall require a person who is adjudged
12-13 guilty of an offense resulting from the violation of a provision of
12-14 Sections 31.094-31.103 or 31.106 to:
12-15 (1) pay any fine imposed for the violation; and
12-16 (2) successfully complete a boater education course
12-17 approved by the department not later than the 90th day after the
12-18 date the person is adjudged guilty.
12-19 (b) If the person fails to successfully complete the boater
12-20 education course, the person commits an offense that is a Class A
12-21 Parks and Wildlife Code misdemeanor.
12-22 Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS.
12-23 A marine safety enforcement officer shall provide to the department
12-24 on a form prescribed by the department a report of any incident the
12-25 officer investigates that involves a boating accident, water
12-26 fatality, or person who allegedly operates a boat while
12-27 intoxicated. The officer shall provide the report not later than
13-1 the 15th day after the date the incident occurred.
13-2 SECTION 12. Section 31.003(9), Parks and Wildlife Code, is
13-3 repealed.
13-4 SECTION 13. (a) A peace officer of this state and its
13-5 political subdivisions and game wardens who enforce Chapter 31,
13-6 Parks and Wildlife Code, are not required to be certified under
13-7 Section 31.121(a), Parks and Wildlife Code, as amended by this Act,
13-8 until January 1, 1999.
13-9 (b) The change in law made by this Act applies only to an
13-10 offense committed on or after the effective date of this Act. For
13-11 purposes of this section, an offense is committed before the
13-12 effective date of this Act if any element of the offense occurs
13-13 before that date. An offense committed before the effective date
13-14 of this Act is covered by the law in effect when the offense was
13-15 committed, and the former law is continued in effect for that
13-16 purpose.
13-17 SECTION 14. This Act takes effect September 1, 1997.
13-18 SECTION 15. The importance of this legislation and the
13-19 crowded condition of the calendars in both houses create an
13-20 emergency and an imperative public necessity that the
13-21 constitutional rule requiring bills to be read on three several
13-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 966 was passed by the House on May 6,
1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 966 on May 22, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 966 on May 29, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 966 was passed by the Senate, with
amendments, on May 20, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 966 on May 30, 1997, by
a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor