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 * * * * *