By:  Oakley, et al. (Senate Sponsor - Barrientos)      H.B. No. 966

 1-1     vote:  Yeas 6, Nays 0; May 15, 1997, sent to printer.)

 1-2                            A BILL TO BE ENTITLED

 1-3                                   AN ACT

 1-4     relating to water safety; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Sections 31.003(1) and (7), Parks and Wildlife

 1-7     Code, are amended to read as follows:

 1-8                 (1)  "Boat" means a vessel not more than 65 feet in

 1-9     length, measured from end to end over the deck, excluding sheer[,

1-10     and manufactured or used primarily for noncommercial use].

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 vessels

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(b), Parks and Wildlife Code, is

 2-2     amended to read as follows:

 2-3           (b)  No person may operate or give permission for the

 2-4     operation of any vessel or may dock, moor, or store  a vessel owned

 2-5     by the person on the water of this state unless:

 2-6                 (1)  the vessel is numbered as required by  this

 2-7     chapter;

 2-8                 (2)  [, unless] the certificate of number awarded to

 2-9     the vessel is in full force and effect;[,] and

2-10                 (3)  [unless] the identifying number set forth in the

2-11     certificate is properly displayed on each side of the bow of the

2-12     vessel.

2-13           SECTION 4.  Section 31.043, Parks and Wildlife Code, is

2-14     amended to read as follows:

2-15           Sec. 31.043.  MANUFACTURER'S IDENTIFICATION [SERIAL] NUMBER.

2-16     (a)  All vessels manufactured for sale in Texas shall  carry a

2-17     manufacturer's hull identification [serial] number clearly

2-18     imprinted on the  structure of the vessel or displayed on a plate

2-19     permanently attached to the vessel.

2-20           (b)  The owner of a vessel not required to carry a

2-21     manufacturer's hull identification [serial] number may file an

2-22     application for a hull identification [serial] number with the

2-23     department on forms approved by it.  The application must be signed

2-24     by the owner of the vessel and must be accompanied by a fee of $2

2-25     or an amount set by the commission, whichever amount is more.  On

2-26     receipt of the application in approved form, the department shall

2-27     enter the information on the records of its office and shall issue

 3-1     to the applicant a hull identification [serial] number.

 3-2           (c)  No person may intentionally or knowingly [wilfully]

 3-3     destroy, remove, alter, cover, or deface the manufacturer's hull

 3-4     identification [serial] number or plate bearing the hull

 3-5     identification [serial] number or the hull identification [serial]

 3-6     number issued by the department.  No person may possess a vessel

 3-7     with a hull identification number or an outboard motor with a

 3-8     serial number that has been altered, defaced, mutilated, or

 3-9     removed.  A person who has a vessel with an altered, defaced,

3-10     mutilated, or removed hull identification [or missing serial]

3-11     number or an outboard motor with an altered, defaced, mutilated, or

3-12     removed serial number shall file a sworn statement with the

3-13     department describing the vessel or outboard motor, proving legal

3-14     ownership, and, if known, stating the reason for the destruction,

3-15     removal, or defacement of the [serial] number.

3-16           SECTION 5.  Section 31.092, Parks and Wildlife Code, is

3-17     amended by adding Subsection (f) to read as follows:

3-18           (f)  A home-rule municipality in a county with a population

3-19     of more than one million that has enacted a zoning overlay district

3-20     prior to September 1, 1997,  encompassing property adjacent to and

3-21     on either side of public or navigable water may, to protect the

3-22     health, safety, and welfare of its citizens and visitors and to

3-23     facilitate the orderly flow of traffic in said waterway, regulate

3-24     private and commercial traffic on such water by requiring a permit

3-25     and may issue an exclusive franchise for the operation of

3-26     watercraft for hire operating within any section of the waterway

3-27     adjacent to or within the overlay district.

 4-1           SECTION 6.  Section 31.106, Parks and Wildlife Code, is

 4-2     amended to read as follows:

 4-3           Sec. 31.106.  PERSONAL WATERCRAFT.  (a)  No person shall

 4-4     operate a personal watercraft in the following manner or under the

 4-5     following circumstances:

 4-6                 (1)  unless each person riding on or towed behind the

 4-7     vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V

 4-8     personal flotation device;

 4-9                 (2)  if the vessel is equipped by the manufacturer with

4-10     a lanyard type engine cutoff switch, unless such lanyard is

4-11     attached to the person, clothing, or personal flotation device of

4-12     the operator as appropriate for the vessel involved;

4-13                 (3)  during the period between sunset and sunrise;

4-14                 (4)  within 50 feet of any other vessel, person,

4-15     stationary platform or other object, or shore, [except another

4-16     personal watercraft, or] except at headway speed;

4-17                 (5)  if the operator is under 16 [13] years of age,

4-18     unless the operator:

4-19                       (A)  is accompanied by a person at least 18 [17]

4-20     years of age; or

4-21                       (B)  is at least 13 years of age and [the

4-22     operator] has successfully completed a boating safety course

4-23     prescribed and approved by the department;

4-24                 (6)  if the personal watercraft is a motorboat, within

4-25     any area prohibited for operation of a motorboat by state law or

4-26     local rule or regulation;

4-27                 (7)  while towing water skis, an aquaplane, a

 5-1     surfboard, a tube, or any other similar device, unless the towing

 5-2     vessel is designed to carry on board a minimum of two persons;

 5-3                 (8)  by jumping the wake of another vessel recklessly

 5-4     or unnecessarily close to that vessel; or

 5-5                 (9)  in a manner that requires the operator to swerve

 5-6     at the last possible moment to avoid collision.

 5-7           (b)  The provisions of this section do not apply to

 5-8     professional exhibitions or an officially sanctioned race,

 5-9     tournament, or exhibition.

5-10           (c)  Subsection (a)(4) of this section does not prohibit the

5-11     operation of personal watercraft on bodies of water less than 100

5-12     feet in width.

5-13           (d)  An owner of a personal watercraft permitting a person

5-14     under 18 years of age to operate the personal watercraft in a

5-15     manner prohibited by this section may be notified of the violation.

5-16           (e)  For the purposes of this section, a person is considered

5-17     to be accompanying the operator of a personal watercraft if the

5-18     person is on board the personal watercraft when underway.

5-19           SECTION 7.  Subchapter D, Chapter 31, Parks and Wildlife

5-20     Code, is amended by adding Sections 31.108, 31.109, 31.110, and

5-21     31.111 to read as follows:

5-22           Sec. 31.108.  BOATER EDUCATION PROGRAM.  (a)  The commission

5-23     shall adopt rules to:

5-24                 (1)  administer a boater education program that is

5-25     designed to educate persons about the safe operation of vessels;

5-26                 (2)  approve boater education courses that meet or

5-27     exceed the minimum instruction requirement, as the requirement

 6-1     exists on January 1, 1997, established by the National Association

 6-2     of State Boating Law Administrators;

 6-3                 (3)  create an equivalency examination that may be

 6-4     taken, as the commission determines is consistent with promoting

 6-5     public safety in the operation of vessels, instead of the boater

 6-6     education course; and

 6-7                 (4)  ensure that boater education courses and

 6-8     examinations are available in each county.

 6-9           (b)  The commission by rule may create exemptions from boater

6-10     education requirements imposed by statute to the extent the

6-11     exemptions are consistent with promoting public safety in the

6-12     operation of vessels.

6-13           (c)  The commission by rule shall create a standard form for

6-14     a boater identification card to be issued to a person who

6-15     successfully completes a boater education course or course

6-16     equivalency examination.

6-17           (d)  The department may appoint agents to:

6-18                 (1)  administer a boater education course or course

6-19     equivalency examination; and

6-20                 (2)  issue boater identification cards under guidelines

6-21     established by the commission.

6-22           (e)  The department shall collect a $10 examination or course

6-23     fee from each person taking an examination or course to recover

6-24     administrative costs of the boater education program.

6-25           (f)  An agent acting under authority of Subsection (d):

6-26                 (1)  shall collect the $10 examination or course fee

6-27     and forward the fee and any examination documentation to the

 7-1     department not later than the 30th day after the date the

 7-2     examination or course is administered; and

 7-3                 (2)  may collect and keep a $3 service fee.

 7-4           Sec. 31.109.  BOATER EDUCATION COURSE REQUIRED FOR CERTAIN

 7-5     PERSONS.  (a)  This section applies only to a person who is:

 7-6                 (1)  born on or after September 1, 1984; and

 7-7                 (2)  operating on the public water of this state:

 7-8                       (A)  a vessel powered by a motor of 10 horsepower

 7-9     or more; or

7-10                       (B)  a windblown vessel over 14 feet in length.

7-11           (b)  A person subject to this section must have in the

7-12     person's possession:

7-13                 (1)  a photographic identification card; and

7-14                 (2)  a boater identification card issued by the

7-15     department.

7-16           (c)  The department shall issue a boater identification card

7-17     to a person who has successfully completed:

7-18                 (1)  a boater education course approved by the

7-19     department; or

7-20                 (2)  a course equivalency examination approved by the

7-21     department.

7-22           (d)  A boater identification card issued to a person who has

7-23     successfully completed a boater education course or course

7-24     equivalency examination does not expire.

7-25           (e)  Upon proof of completion of a boater safety education

7-26     course a court shall dismiss a violation of Sections 31.109(b)(1)

7-27     and (2).

 8-1           Sec. 31.110.  EXEMPTION FROM BOATER EDUCATION COURSE

 8-2     REQUIREMENT.  A person is not required to comply with Section

 8-3     31.109 if the person:

 8-4                 (1)  holds a master's, mate's, or operator's license

 8-5     issued by the United States Coast Guard;

 8-6                 (2)  is supervised by a person who:

 8-7                       (A)  is otherwise exempt from the requirements of

 8-8     Section 31.109 or possesses a boater identification card as

 8-9     required by Section 31.109; and

8-10                       (B)  is at least 18 years of age;

8-11                 (3)  is not a resident of this state and has proof that

8-12     the person has successfully completed a boater education course or

8-13     equivalency examination in another state that is approved by the

8-14     department; or

8-15                 (4)  is exempt by rule of the department.

8-16           Sec. 31.111.  OPERATING VESSEL LIVERY.  (a)  A vessel livery

8-17     must purchase liability insurance from an insurer licensed to do

8-18     business in this state.

8-19           (b)  Before releasing possession of a rented vessel, a vessel

8-20     livery shall provide each operator of the rented vessel instruction

8-21     relating to:

8-22                 (1)  the provisions of this chapter;

8-23                 (2)  operational characteristics of the rented vessel;

8-24     and

8-25                 (3)  boating regulations that apply in the area of

8-26     operation of the vessel.

8-27           (c)  After providing the instruction required by Subsection

 9-1     (b) and before releasing possession of the rented vessel, the

 9-2     vessel livery shall require each operator to sign an acknowledgment

 9-3     form indicating that the operator has received the required

 9-4     instruction.  The vessel livery shall retain the form for at least

 9-5     six months.

 9-6           SECTION 8.  Section 31.121, Parks and Wildlife Code, is

 9-7     amended to read as follows:

 9-8           Sec. 31.121.  ENFORCEMENT OFFICERS.  (a)  All peace officers

 9-9     of this state [and its political  subdivisions] and game wardens

9-10     commissioned by the commission must be certified as marine safety

9-11     enforcement officers  by the department to [management officers are

9-12     enforcement officers for the purposes of this chapter.]

9-13           [(b)  The enforcement officers may] enforce the provisions of

9-14     this chapter by arresting and taking into custody any person who

9-15     commits any act or offense prohibited by this chapter or who

9-16     violates any provision of this chapter.

9-17           (b)  The commission by rule shall establish standards for

9-18     training and certifying marine safety enforcement officers under

9-19     this section.

9-20           (c)  The commission by rule may create exemptions for peace

9-21     officers from marine safety enforcement officer training and

9-22     certification requirements imposed by statute.

9-23           (d)  The commission by rule shall establish and collect a

9-24     fee to recover the administrative costs associated with the

9-25     certification of marine safety enforcement officers.  The

9-26     commission shall require the applicant for certification or the

9-27     applicant's employer to pay the fee required under this section.

 10-1          (e)  Game wardens [management officers] may assist in the

 10-2    search for and rescue of victims of water-oriented accidents.

 10-3          SECTION 9.  Section 31.127, Parks and Wildlife Code, is

 10-4    amended to read as follows:

 10-5          Sec. 31.127.  PENALTIES.  (a)  A person who violates or fails

 10-6    to  comply with any provision of this chapter, or who violates or

 10-7    fails to comply with a city ordinance or order of a commissioners

 10-8    court or a political subdivision of the state made or entered under

 10-9    this chapter, [for which no other penalty is applicable] commits an

10-10    offense that is a Class C Parks and Wildlife Code misdemeanor.

10-11          (b)  A person who violates Section 31.043(c) or 31.096 [or

10-12    31.104] of this code commits an offense that is a Class B Parks and

10-13    Wildlife Code misdemeanor.

10-14          (c)  A person who operates a vessel in violation of Section

10-15    31.021(b) or 31.095 commits an offense punishable by a fine of not

10-16    less than $100 or more than $500.

10-17          (d)  The operator of a vessel who is involved in a collision,

10-18    accident, or other casualty that results in death or serious bodily

10-19    injury to another person and fails to comply with Section 31.104

10-20    commits an offense that is a Parks and Wildlife Code felony.

10-21          (e)  Except as provided by Subsection (d), the operator of a

10-22    vessel who is involved in a collision, accident, or other casualty

10-23    and fails to comply with Section 31.104 commits an offense that is

10-24    a Class A Parks and Wildlife Code misdemeanor.

10-25          SECTION 10.  Section 31.128, Parks and Wildlife Code, is

10-26    amended by amending Subsection (b) and adding Subsections (c) and

10-27    (d) to read as follows:

 11-1          (b)  In justice court cases filed as the result of an arrest

 11-2    by a game warden, the amount to be remitted to the game, fish, and

 11-3    water safety account shall be 85 percent of the fine.  In county

 11-4    court cases filed as the result of an arrest by a game warden, the

 11-5    amount to be remitted to the game, fish, and water safety account

 11-6    shall be 80 percent of the fine.  All costs of the court shall be

 11-7    retained by the court having jurisdiction of the offense and

 11-8    deposited as other fees in the proper county fund.

 11-9          (c)  In court cases filed as the result of an arrest by a

11-10    marine safety enforcement officer other than a game warden, the

11-11    amount to be remitted to the game, fish, and water safety account

11-12    shall be 60 percent of the fine.  All costs of the court shall be

11-13    retained by the court having jurisdiction of the offense  and

11-14    deposited as other fees in the proper county fund.

11-15          (d)  Not less than 50 percent of the amount remitted to the

11-16    game, fish, and water safety account under Subsection (c) must be

11-17    used for the administration and enforcement of this chapter.

11-18          SECTION 11.  Subchapter E, Chapter 31, Parks and Wildlife

11-19    Code, is amended by adding Sections 31.130, 31.131, and 31.132 to

11-20    read as follows:

11-21          Sec. 31.130.  BOATER EDUCATION COURSE PERMITTED IN LIEU OF

11-22    FINE.  (a)  Except as provided by Section 31.131, this section

11-23    applies to a person who violates for the first time a provision of

11-24    this chapter relating to the operation of a vessel.

11-25          (b)  A justice may defer imposition of a fine and place a

11-26    defendant on probation for a period not to exceed 60 days if the

11-27    defendant:

 12-1                (1)  pleads guilty or nolo contendere or is found

 12-2    guilty; and

 12-3                (2)  requests permission from the court to attend a

 12-4    boater education course.

 12-5          (c)  The justice shall require the defendant to successfully

 12-6    complete a boater education course approved by the department

 12-7    during the probation period.

 12-8          (d)  If the defendant presents satisfactory evidence that the

 12-9    defendant has successfully completed the boater education course,

12-10    the justice shall waive imposition of a fine.  If the defendant

12-11    fails to successfully complete the boater education course, the

12-12    justice shall impose a fine for the violation.

12-13          Sec. 31.131.  BOATER EDUCATION COURSE REQUIRED FOR CERTAIN

12-14    VIOLATIONS.  (a)  A justice shall require a person who is adjudged

12-15    guilty of an offense resulting from the violation of a provision of

12-16    Sections 31.094-31.103 or 31.106 to:

12-17                (1)  pay any fine imposed for the violation; and

12-18                (2)  successfully complete a boater education course

12-19    approved by the department not later than the 90th day after the

12-20    date the person is adjudged guilty.

12-21          (b)  If the person fails to successfully complete the boater

12-22    education course, the person commits an offense that is a Class A

12-23    Parks and Wildlife Code misdemeanor.

12-24          Sec. 31.132.  REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS.

12-25    A marine safety enforcement officer shall provide to the department

12-26    on a form prescribed by the department a report of any incident the

12-27    officer investigates that involves a boating accident, water

 13-1    fatality, or person who allegedly operates a boat while

 13-2    intoxicated.  The officer shall provide the report not later than

 13-3    the 15th day after the date the incident occurred.

 13-4          SECTION 12.  Section 31.003(9), Parks and Wildlife Code, is

 13-5    repealed.

 13-6          SECTION 13.  (a)  A peace officer of this state and its

 13-7    political subdivisions and game wardens who enforce Chapter 31,

 13-8    Parks and Wildlife Code, are not required to be certified under

 13-9    Section 31.121(a), Parks and Wildlife Code, as amended by this Act,

13-10    until January 1, 1999.

13-11          (b)  The change in law made by this Act applies only to an

13-12    offense committed on or after the effective date of this Act.  For

13-13    purposes of this section, an offense is committed before the

13-14    effective date of this Act if any element of the offense occurs

13-15    before that date.  An offense committed before the effective date

13-16    of this Act is covered by the law in effect when the offense was

13-17    committed, and the former law is continued in effect for that

13-18    purpose.

13-19          SECTION 14.  This Act takes effect September 1, 1997.

13-20          SECTION 15.  The importance of this legislation and the

13-21    crowded condition of the calendars in both houses create an

13-22    emergency and an imperative public necessity that the

13-23    constitutional rule requiring bills to be read on three several

13-24    days in each house be suspended, and this rule is hereby suspended.

13-25                                 * * * * *