75R12612 E                           

         By Oakley, Kamel, Solomons, Greenberg, Gray            H.B. No. 966

         Substitute the following for H.B. No. 966:

         By Kuempel                                         C.S.H.B. No. 966

                                A BILL TO BE ENTITLED

 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.  Subchapter D, Chapter 31, Parks and Wildlife

 5-6     Code, is amended by adding Sections 31.108, 31.109, 31.110, and

 5-7     31.111 to read as follows:

 5-8           Sec. 31.108.  BOATER EDUCATION PROGRAM.  (a)  The commission

 5-9     shall adopt rules to:

5-10                 (1)  administer a boater education program that is

5-11     designed to educate persons about the safe operation of vessels;

5-12                 (2)  create a boater education course that meets or

5-13     exceeds the minimum instruction requirement, as the requirement

5-14     exists on January 1, 1997, established by the National Association

5-15     of State Boating Law Administrators;

5-16                 (3)  create an equivalency examination that may be

5-17     taken, as the commission determines is consistent with promoting

5-18     public safety in the operation of vessels, instead of the boater

5-19     education course; and

5-20                 (4)  ensure that boater education courses and

5-21     examinations are available in each county.

5-22           (b)  The commission by rule may create exemptions from boater

5-23     education requirements imposed by statute to the extent the

5-24     exemptions are consistent with promoting public safety in the

5-25     operation of vessels.

5-26           (c)  The commission by rule shall create a standard form for

5-27     a boater identification card to be issued to a person who

 6-1     successfully completes a boater education course or course

 6-2     equivalency examination.

 6-3           (d)  The department may appoint agents to:

 6-4                 (1)  administer a boater education course or course

 6-5     equivalency examination; and

 6-6                 (2)  issue boater identification cards under guidelines

 6-7     established by the commission.

 6-8           (e)  The department shall collect a $10 examination or course

 6-9     fee from each person taking an examination or course to recover

6-10     administrative costs of the boater education program.

6-11           (f)  An agent acting under authority of Subsection (d):

6-12                 (1)  shall collect the $10 examination or course fee

6-13     and forward the fee and any examination documentation to the

6-14     department not later than the 30th day after the date the

6-15     examination or course is administered; and

6-16                 (2)  may collect and keep a $3 service fee.

6-17           Sec. 31.109.  BOATER EDUCATION COURSE REQUIRED FOR CERTAIN

6-18     PERSONS.  (a)  This section applies only to a person who is:

6-19                 (1)  born on or after September 1, 1984; and

6-20                 (2)  operating on the public water of this state:

6-21                       (A)  a vessel powered by a motor of 10 horsepower

6-22     or more; or

6-23                       (B)  a windblown vessel over 14 feet in length.

6-24           (b)  A person subject to this section must have in the

6-25     person's possession:

6-26                 (1)  a photographic identification card; and

6-27                 (2)  a boater identification card issued by the

 7-1     department.

 7-2           (c)  The department shall issue a boater identification card

 7-3     to a person who has successfully completed:

 7-4                 (1)  a boater education course approved by the

 7-5     department; or

 7-6                 (2)  a course equivalency examination approved by the

 7-7     department.

 7-8           (d)  A boater identification card issued to a person who has

 7-9     successfully completed a boater education course or course

7-10     equivalency examination does not expire.

7-11           Sec. 31.110.  EXEMPTION FROM BOATER EDUCATION COURSE

7-12     REQUIREMENT.  A person is not required to comply with Section

7-13     31.109 if the person:

7-14                 (1)  holds a master's, mate's, or operator's license

7-15     issued by the United States Coast Guard;

7-16                 (2)  is supervised by a person who:

7-17                       (A)  is otherwise exempt from the requirements of

7-18     Section 31.109 or possesses a boater identification card as

7-19     required by Section 31.109; and

7-20                       (B)  is at least 18 years of age;

7-21                 (3)  is not a resident of this state and has proof that

7-22     the person has successfully completed a boater education course or

7-23     equivalency examination in another state that is approved by the

7-24     department; or

7-25                 (4)  is exempt by rule of the department.

7-26           Sec. 31.111.  OPERATING VESSEL LIVERY.  (a)  A vessel livery

7-27     must purchase liability insurance from an insurer licensed to do

 8-1     business in this state.

 8-2           (b)  Before releasing possession of a rented vessel, a vessel

 8-3     livery shall provide each operator of the rented vessel instruction

 8-4     relating to:

 8-5                 (1)  the provisions of this chapter;

 8-6                 (2)  operational characteristics of the rented vessel;

 8-7     and

 8-8                 (3)  boating regulations that apply in the area of

 8-9     operation of the vessel.

8-10           (c)  After providing the instruction required by Subsection

8-11     (b) and before releasing possession of the rented vessel, the

8-12     vessel livery shall require each operator to sign an acknowledgment

8-13     form indicating that the operator has received the required

8-14     instruction.  The vessel livery shall retain the form for at least

8-15     six months.

8-16           SECTION 7.  Section 31.121, Parks and Wildlife Code, is

8-17     amended to read as follows:

8-18           Sec. 31.121.  ENFORCEMENT OFFICERS.  (a)  All peace officers

8-19     of this state [and its political  subdivisions] and game wardens

8-20     commissioned by the commission must be certified as marine safety

8-21     enforcement officers  by the department to [management officers are

8-22     enforcement officers for the purposes of this chapter.]

8-23           [(b)  The enforcement officers may] enforce the provisions of

8-24     this chapter by arresting and taking into custody any person who

8-25     commits any act or offense prohibited by this chapter or who

8-26     violates any provision of this chapter.

8-27           (b)  The commission by rule shall establish standards for

 9-1     training and certifying marine safety enforcement officers under

 9-2     this section.

 9-3           (c)  The commission by rule shall establish and collect a

 9-4     fee to recover the administrative costs associated with the

 9-5     certification of marine safety enforcement officers.  The

 9-6     commission shall require the applicant for certification or the

 9-7     applicant's employer to pay the fee required under this section.

 9-8           (d) [(c)]  Game wardens [management officers] may assist in

 9-9     the search for and rescue of victims of water-oriented accidents.

9-10           SECTION 8.  Section 31.127, Parks and Wildlife Code, is

9-11     amended to read as follows:

9-12           Sec. 31.127.  PENALTIES.  (a)  A person who violates or fails

9-13     to  comply with any provision of this chapter, or who violates or

9-14     fails to comply with a city ordinance or order of a commissioners

9-15     court or a political subdivision of the state made or entered under

9-16     this chapter, [for which no other penalty is applicable] commits an

9-17     offense that is a Class C Parks and Wildlife Code misdemeanor.

9-18           (b)  A person who violates Section 31.043(c) or 31.096 [or

9-19     31.104] of this code commits an offense that is a Class B Parks and

9-20     Wildlife Code misdemeanor.

9-21           (c)  A person who operates a vessel in violation of Section

9-22     31.021(b) or 31.095 commits an offense punishable by a fine of not

9-23     less than $100 or more than $500.

9-24           (d)  The operator of a vessel who is involved in a collision,

9-25     accident, or other casualty that results in death or serious bodily

9-26     injury to another person and fails to comply with Section 31.104

9-27     commits an offense that is a Parks and Wildlife Code felony.

 10-1          (e)  Except as provided by Subsection (d), the operator of a

 10-2    vessel who is involved in a collision, accident, or other casualty

 10-3    and fails to comply with Section 31.104 commits an offense that is

 10-4    a Class A Parks and Wildlife Code misdemeanor.

 10-5          SECTION 9.  Section 31.128, Parks and Wildlife Code, is

 10-6    amended by amending Subsection (b) and adding Subsection (c) to

 10-7    read as follows:

 10-8          (b)  In justice court cases filed as the result of an arrest

 10-9    by a game warden, the amount to be remitted to the game, fish, and

10-10    water safety account shall be 85 percent of the fine.  In county

10-11    court cases filed as the result of an arrest by a game warden, the

10-12    amount to be remitted to the game, fish, and water safety account

10-13    shall be 80 percent of the fine.  All costs of the court shall be

10-14    retained by the court having jurisdiction of the offense and

10-15    deposited as other fees in the proper county fund.

10-16          (c)  In court cases filed as the result of an arrest by a

10-17    marine safety enforcement officer other than a game warden, the

10-18    amount to be remitted to the game, fish, and water safety account

10-19    shall be 60 percent of the fine.  All costs of the court shall be

10-20    retained by the court having jurisdiction of the offense  and

10-21    deposited as other fees in the proper county fund.

10-22          SECTION 10.  Subchapter E, Chapter 31, Parks and Wildlife

10-23    Code, is amended by adding Sections 31.130, 31.131, and 31.132 to

10-24    read as follows:

10-25          Sec. 31.130.  BOATER EDUCATION COURSE PERMITTED IN LIEU OF

10-26    FINE.  (a)  Except as provided by Section 31.131, this section

10-27    applies to a person who violates for the first time a provision of

 11-1    this chapter relating to the operation of a vessel.

 11-2          (b)  A justice may defer imposition of a fine and place a

 11-3    defendant on probation for a period not to exceed 60 days if the

 11-4    defendant:

 11-5                (1)  pleads guilty or nolo contendere or is found

 11-6    guilty; and

 11-7                (2)  requests permission from the court to attend a

 11-8    boater education course.

 11-9          (c)  The justice shall require the defendant to successfully

11-10    complete a boater education course approved by the department

11-11    during the probation period.

11-12          (d)  If the defendant presents satisfactory evidence that the

11-13    defendant has successfully completed the boater education course,

11-14    the justice shall waive imposition of a fine.  If the defendant

11-15    fails to successfully complete the boater education course, the

11-16    justice shall impose a fine for the violation.

11-17          Sec. 31.131.  BOATER EDUCATION COURSE REQUIRED FOR CERTAIN

11-18    VIOLATIONS.  (a)  A justice shall require a person who is adjudged

11-19    guilty of an offense resulting from the violation of a provision of

11-20    Sections 31.094-31.103 or 31.106 to:

11-21                (1)  pay any fine imposed for the violation; and

11-22                (2)  successfully complete a boater education course

11-23    approved by the department not later than the 90th day after the

11-24    date the person is adjudged guilty.

11-25          (b)  If the person fails to successfully complete the boater

11-26    education course, the person commits an offense that is a Class A

11-27    Parks and Wildlife Code misdemeanor.

 12-1          Sec. 31.132.  REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS.

 12-2    A marine safety enforcement officer shall provide to the department

 12-3    on a form prescribed by the department a report of any incident the

 12-4    officer investigates that involves a boating accident, water

 12-5    fatality, or person who allegedly operates a boat while

 12-6    intoxicated.  The officer shall provide the report not later than

 12-7    the 15th day after the date the incident occurred.

 12-8          SECTION 11.  Section 31.003(9), Parks and Wildlife Code, is

 12-9    repealed.

12-10          SECTION 12.  (a)  A peace officer of this state and its

12-11    political subdivisions and game wardens who enforce Chapter 31,

12-12    Parks and Wildlife Code, are not required to be certified under

12-13    Section 31.121(a), Parks and Wildlife Code, as amended by this Act,

12-14    until January 1, 1999.

12-15          (b)  The change in law made by this Act applies only to an

12-16    offense committed on or after the effective date of this Act.  For

12-17    purposes of this section, an offense is committed before the

12-18    effective date of this Act if any element of the offense occurs

12-19    before that date.  An offense committed before the effective date

12-20    of this Act is covered by the law in effect when the offense was

12-21    committed, and the former law is continued in effect for that

12-22    purpose.

12-23          SECTION 13.  This Act takes effect September 1, 1997.

12-24          SECTION 14.  The importance of this legislation and the

12-25    crowded condition of the calendars in both houses create an

12-26    emergency and an imperative public necessity that the

12-27    constitutional rule requiring bills to be read on three several

 13-1    days in each house be suspended, and this rule is hereby suspended.