By Oakley H.B. No. 966
75R4697 PAM-D
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), (6), and (7), Parks and
1-5 Wildlife 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 (6) "Operate" means to place [navigate or otherwise
1-10 use] a motorboat or a vessel on the public water of this state.
1-11 (7) "Dealer" means a person customarily engaged in the
1-12 business of buying, selling, or exchanging at least five vessels or
1-13 outboard motors during a calendar year at an established or
1-14 permanent place of business in this state and that at each place
1-15 of business there is a sign conspicuously displayed showing the
1-16 name of the dealership so that it may be located by the public and
1-17 sufficient space to maintain an office, service area, and display
1-18 of products.
1-19 SECTION 2. Section 31.004, Parks and Wildlife Code, is
1-20 amended to read as follows:
1-21 Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
1-22 chapter apply to all public water of this state and to all
1-23 watercraft [navigated or moving] on the public water. Privately
1-24 owned water is not subject to the provisions of this chapter.
2-1 SECTION 3. Section 31.021(a), Parks and Wildlife Code, is
2-2 amended to read as follows:
2-3 (a) Each [undocumented] vessel on the water of this state
2-4 shall be numbered in accordance with the provisions of this chapter
2-5 unless specifically exempted. The numbering system shall be in
2-6 accord with the Federal Boating Act of 1958 and subsequent federal
2-7 legislation.
2-8 SECTION 4. Section 31.043, Parks and Wildlife Code, is
2-9 amended to read as follows:
2-10 Sec. 31.043. MANUFACTURER'S IDENTIFICATION [SERIAL] NUMBER.
2-11 (a) All vessels manufactured for sale in Texas shall carry a
2-12 manufacturer's hull identification [serial] number clearly
2-13 imprinted on the structure of the vessel or displayed on a plate
2-14 permanently attached to the vessel.
2-15 (b) The owner of a vessel not required to carry a
2-16 manufacturer's hull identification [serial] number may file an
2-17 application for a hull identification [serial] number with the
2-18 department on forms approved by it. The application must be signed
2-19 by the owner of the vessel and must be accompanied by a fee of $2
2-20 or an amount set by the commission, whichever amount is more. On
2-21 receipt of the application in approved form, the department shall
2-22 enter the information on the records of its office and shall issue
2-23 to the applicant a hull identification [serial] number.
2-24 (c) No person may intentionally or knowingly [wilfully]
2-25 destroy, remove, alter, cover, or deface the manufacturer's hull
2-26 identification [serial] number or plate bearing the hull
2-27 identification [serial] number or the hull identification [serial]
3-1 number issued by the department. No person may possess a vessel
3-2 with a hull identification number or an outboard motor with a
3-3 serial number that has been altered, defaced, mutilated, or
3-4 removed. A person who has a vessel with an altered, defaced,
3-5 mutilated, or removed hull identification [or missing serial]
3-6 number or an outboard motor with an altered, defaced, mutilated, or
3-7 removed serial number shall file a sworn statement with the
3-8 department describing the vessel or outboard motor, proving legal
3-9 ownership, and, if known, stating the reason for the destruction,
3-10 removal, or defacement of the [serial] number.
3-11 SECTION 5. Section 31.103, Parks and Wildlife Code, is
3-12 amended by amending Subsection (a) and adding Subsection (d) to
3-13 read as follows:
3-14 (a) No person may operate a vessel on any water of this
3-15 state towing a person or persons on water skis, surfboards, or
3-16 similar devices and no person while being towed may engage in
3-17 water-skiing, surfboarding or similar activity at any time between
3-18 [the hours from one half hour after] sunset and [to one half hour
3-19 before] sunrise. This subsection does not apply to motorboats or
3-20 vessels used in water ski tournaments, competitions, or exhibitions
3-21 or trials [therefor] if adequate lighting is provided.
3-22 (d) No person may operate a vessel on any water of this
3-23 state towing a person or persons on water skis, surfboards, or
3-24 similar devices unless each person towed behind the vessel is
3-25 wearing a U.S. Coast Guard approved Type I, II, III, or V personal
3-26 flotation device.
3-27 SECTION 6. Section 31.106, Parks and Wildlife Code, is
4-1 amended to read as follows:
4-2 Sec. 31.106. PERSONAL WATERCRAFT. (a) No person shall
4-3 operate a personal watercraft in the following manner or under the
4-4 following circumstances:
4-5 (1) unless each person riding on or towed behind the
4-6 vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V
4-7 personal flotation device;
4-8 (2) if the vessel is equipped by the manufacturer with
4-9 a lanyard type engine cutoff switch, unless such lanyard is
4-10 attached to the person, clothing, or personal flotation device of
4-11 the operator as appropriate for the vessel involved;
4-12 (3) during the period between sunset and sunrise;
4-13 (4) within 50 feet of any other vessel, person,
4-14 stationary platform or other object, or shore, [except another
4-15 personal watercraft, or] except at headway speed;
4-16 (5) if the operator is under 16 [13] years of age,
4-17 unless the operator:
4-18 (A) is accompanied by a person at least 18 [17]
4-19 years of age; or
4-20 (B) is at least 13 years of age and [the
4-21 operator] has successfully completed a boating safety course
4-22 prescribed and approved by the department;
4-23 (6) if the personal watercraft is a motorboat, within
4-24 any area prohibited for operation of a motorboat by state law or
4-25 local rule or regulation;
4-26 (7) while towing water skis, an aquaplane, a
4-27 surfboard, a tube, or any other similar device, unless the towing
5-1 vessel is designed to carry on board a minimum of two persons;
5-2 (8) by jumping the wake of another vessel recklessly
5-3 or unnecessarily close to that vessel; or
5-4 (9) in a manner that requires the operator to swerve
5-5 at the last possible moment to avoid collision.
5-6 (b) The provisions of this section do not apply to
5-7 professional exhibitions or an officially sanctioned race,
5-8 tournament, or exhibition.
5-9 (c) Subsection (a)(4) of this section does not prohibit the
5-10 operation of personal watercraft on bodies of water less than 100
5-11 feet in width.
5-12 (d) No owner of a personal watercraft may permit a person to
5-13 operate the personal watercraft in a manner prohibited by this
5-14 section.
5-15 (e) For the purposes of this section, a person is considered
5-16 to be accompanying the operator of a personal watercraft if the
5-17 person is on board the personal watercraft when underway.
5-18 SECTION 7. Subchapter D, Chapter 31, Parks and Wildlife
5-19 Code, is amended by adding Sections 31.108, 31.109, 31.110, and
5-20 31.111 to read as follows:
5-21 Sec. 31.108. BOATER EDUCATION PROGRAM. (a) The commission
5-22 shall adopt rules to:
5-23 (1) administer a boater education program that is
5-24 designed to educate persons about the safe operation of vessels;
5-25 (2) create a boater education course that meets or
5-26 exceeds the minimum instruction requirement, as the requirement
5-27 exists on January 1, 1997, established by the National Association
6-1 of State Boating Law Administrators;
6-2 (3) create an equivalency examination that may be
6-3 taken, as the commission determines is consistent with promoting
6-4 public safety in the operation of vessels, instead of the boater
6-5 education course; and
6-6 (4) ensure that boater education courses and
6-7 examinations are available in each county.
6-8 (b) The commission by rule may create exemptions from boater
6-9 education requirements imposed by statute to the extent the
6-10 exemptions are consistent with promoting public safety in the
6-11 operation of vessels.
6-12 (c) The commission by rule shall create a standard form for
6-13 a boater identification card to be issued to a person who
6-14 successfully completes a boater education course or course
6-15 equivalency examination.
6-16 (d) The department may appoint agents to:
6-17 (1) administer a boater education course or course
6-18 equivalency examination; and
6-19 (2) issue boater identification cards under guidelines
6-20 established by the commission.
6-21 (e) The department shall collect a $5 examination or course
6-22 fee from each person taking an examination or course to recover
6-23 administrative costs of the boater education program.
6-24 (f) An agent acting under authority of Subsection (d):
6-25 (1) shall collect the $5 examination or course fee and
6-26 forward the fee and any examination documentation to the department
6-27 not later than the 30th day after the date the examination or
7-1 course is administered; and
7-2 (2) may collect and keep a $3 service fee.
7-3 Sec. 31.109. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN
7-4 PERSONS. (a) This section applies only to a person who is:
7-5 (1) born on or after September 1, 1984; and
7-6 (2) operating on the public water of this state:
7-7 (A) a vessel powered by a motor of 10 horsepower
7-8 or more; or
7-9 (B) a windblown vessel over 14 feet in length.
7-10 (b) A person subject to this section must have in the
7-11 person's possession:
7-12 (1) a photographic identification card; and
7-13 (2) a boater identification card issued by the
7-14 department.
7-15 (c) The department shall issue a boater identification card
7-16 to a person who has successfully completed:
7-17 (1) a boater education course approved by the
7-18 department; or
7-19 (2) a course equivalency examination approved by the
7-20 department.
7-21 (d) A boater identification card issued to a person who has
7-22 successfully completed a boater education course or course
7-23 equivalency examination does not expire.
7-24 Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE
7-25 REQUIREMENT. A person is not required to comply with Section
7-26 31.109 if the person:
7-27 (1) is licensed by the United States Coast Guard to
8-1 serve as master of a vessel;
8-2 (2) is supervised by a person who:
8-3 (A) is otherwise exempt from the requirements of
8-4 Section 31.109 or possesses a boater identification card as
8-5 required by Section 31.109; and
8-6 (B) is at least 18 years of age;
8-7 (3) is not a resident of this state and has proof that
8-8 the person has successfully completed a boater education course or
8-9 equivalency examination in another state that is approved by the
8-10 department; or
8-11 (4) is exempt by rule of the department.
8-12 Sec. 31.111. OPERATING VESSEL LIVERY. (a) A vessel livery
8-13 must purchase liability insurance from an insurer licensed to do
8-14 business in this state.
8-15 (b) Before releasing possession of a rented vessel, a vessel
8-16 livery shall provide each operator of the rented vessel instruction
8-17 relating to:
8-18 (1) the provisions of this chapter;
8-19 (2) operational characteristics of the rented vessel;
8-20 and
8-21 (3) boating regulations that apply in the area of
8-22 operation of the vessel.
8-23 (c) After providing the instruction required by Subsection
8-24 (b) and before releasing possession of the rented vessel, the
8-25 vessel livery shall require each operator to sign an acknowledgment
8-26 form indicating that the operator has received the required
8-27 instruction. The vessel livery shall retain the form for at least
9-1 two years.
9-2 SECTION 8. Section 31.121, Parks and Wildlife Code, is
9-3 amended to read as follows:
9-4 Sec. 31.121. ENFORCEMENT OFFICERS. (a) All peace officers
9-5 of this state [and its political subdivisions] and game wardens
9-6 commissioned by the commission must be certified as marine safety
9-7 enforcement officers by the department to [management officers are
9-8 enforcement officers for the purposes of this chapter.]
9-9 [(b) The enforcement officers may] enforce the provisions of
9-10 this chapter by arresting and taking into custody any person who
9-11 commits any act or offense prohibited by this chapter or who
9-12 violates any provision of this chapter.
9-13 (b) The commission by rule shall establish standards for
9-14 training and certifying marine safety enforcement officers under
9-15 this section.
9-16 (c) The commission by rule shall establish and collect a
9-17 fee to recover the administrative costs associated with the
9-18 certification of marine safety enforcement officers. The
9-19 commission shall require the applicant for certification or the
9-20 applicant's employer to pay the fee required under this section.
9-21 (d) [(c)] Game wardens [management officers] may assist in
9-22 the search for and rescue of victims of water-oriented accidents.
9-23 SECTION 9. Section 31.127, Parks and Wildlife Code, is
9-24 amended to read as follows:
9-25 Sec. 31.127. PENALTIES. (a) A person who violates or fails
9-26 to comply with any provision of this chapter, or who violates or
9-27 fails to comply with a city ordinance or order of a commissioners
10-1 court or a political subdivision of the state made or entered under
10-2 this chapter, [for which no other penalty is applicable] commits an
10-3 offense that is a Class C Parks and Wildlife Code misdemeanor.
10-4 (b) A person who violates Section 31.043(c), 31.096, or
10-5 31.104 of this code commits an offense that is a Class B Parks and
10-6 Wildlife Code misdemeanor.
10-7 SECTION 10. Section 31.128, Parks and Wildlife Code, is
10-8 amended by amending Subsection (b) and adding Subsection (c) to
10-9 read as follows:
10-10 (b) In justice court cases filed as the result of an arrest
10-11 by a game warden, the amount to be remitted to the game, fish, and
10-12 water safety account shall be 85 percent of the fine. In county
10-13 court cases filed as the result of an arrest by a game warden, the
10-14 amount to be remitted to the game, fish, and water safety account
10-15 shall be 80 percent of the fine. All costs of the court shall be
10-16 retained by the court having jurisdiction of the offense and
10-17 deposited as other fees in the proper county fund.
10-18 (c) In court cases filed as the result of an arrest by a
10-19 marine safety enforcement officer other than a game warden, the
10-20 amount to be remitted to the game, fish, and water safety account
10-21 shall be 20 percent of the fine. All costs of the court shall be
10-22 retained by the court having jurisdiction of the offense and
10-23 deposited as other fees in the proper county fund.
10-24 SECTION 11. Subchapter E, Chapter 31, Parks and Wildlife
10-25 Code, is amended by adding Sections 31.130, 31.131, and 31.132 to
10-26 read as follows:
10-27 Sec. 31.130. BOATER EDUCATION COURSE PERMITTED IN LIEU OF
11-1 FINE. (a) Except as provided by Section 31.131, this section
11-2 applies to a person who violates for the first time a provision of
11-3 this chapter relating to the operation of a vessel.
11-4 (b) A justice may defer imposition of a fine and place a
11-5 defendant on probation for a period not to exceed 60 days if the
11-6 defendant:
11-7 (1) pleads guilty or nolo contendere or is found
11-8 guilty; and
11-9 (2) requests permission from the court to attend a
11-10 boater education course.
11-11 (c) The justice shall require the defendant to successfully
11-12 complete a boater education course approved by the department
11-13 during the probation period.
11-14 (d) If the defendant presents satisfactory evidence that the
11-15 defendant has successfully completed the boater education course,
11-16 the justice shall waive imposition of a fine. If the defendant
11-17 fails to successfully complete the boater education course, the
11-18 justice shall impose a fine for the violation.
11-19 Sec. 31.131. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN
11-20 VIOLATIONS. (a) A justice shall require a person who is adjudged
11-21 guilty of an offense resulting from the violation of a provision of
11-22 Sections 31.094-31.102 to:
11-23 (1) pay any fine imposed for the violation; and
11-24 (2) successfully complete a boater education course
11-25 approved by the department not later than the 180th day after the
11-26 date the person is adjudged guilty.
11-27 (b) If the person fails to successfully complete the boater
12-1 education course, the person commits an offense that is a Class A
12-2 Parks and Wildlife Code misdemeanor.
12-3 Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS.
12-4 A marine safety enforcement officer shall provide to the department
12-5 on a form prescribed by the department a report of any incident the
12-6 officer investigates that involves a boating accident, water
12-7 fatality, or person who allegedly operates a boat while
12-8 intoxicated. The officer shall provide the report not later than
12-9 the 15th day after the date the incident occurred.
12-10 SECTION 12. Section 31.003(9), Parks and Wildlife Code, is
12-11 repealed.
12-12 SECTION 13. (a) A peace officer of this state and its
12-13 political subdivisions and game wardens who enforce Chapter 31,
12-14 Parks and Wildlife Code, are not required to be certified under
12-15 Section 31.121(a), Parks and Wildlife Code, as amended by this Act,
12-16 until January 1, 1998.
12-17 (b) The change in law made by this Act applies only to an
12-18 offense committed on or after the effective date of this Act. For
12-19 purposes of this section, an offense is committed before the
12-20 effective date of this Act if any element of the offense occurs
12-21 before that date. An offense committed before the effective date
12-22 of this Act is covered by the law in effect when the offense was
12-23 committed, and the former law is continued in effect for that
12-24 purpose.
12-25 SECTION 14. This Act takes effect September 1, 1997.
12-26 SECTION 15. The importance of this legislation and the
12-27 crowded condition of the calendars in both houses create an
13-1 emergency and an imperative public necessity that the
13-2 constitutional rule requiring bills to be read on three several
13-3 days in each house be suspended, and this rule is hereby suspended.