1-1 By: Barrientos S.B. No. 587
1-2 (In the Senate - Filed February 13, 1997; February 18, 1997,
1-3 read first time and referred to Committee on Natural Resources;
1-4 April 22, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 1; April 22, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 587 By: Barrientos
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to water safety; providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivisions (1) and (7), Section 31.003, Parks
1-13 and Wildlife Code, are amended to read as follows:
1-14 (1) "Boat" means a vessel not more than 65 feet in
1-15 length, measured from end to end over the deck, excluding sheer[,
1-16 and manufactured or used primarily for noncommercial use].
1-17 (7) "Dealer" means a person customarily engaged in the
1-18 business of buying, selling, or exchanging at least five vessels or
1-19 outboard motors during a calendar year at an established or
1-20 permanent place of business in this state and that at each place of
1-21 business there is a sign conspicuously displayed showing the name
1-22 of the dealership so that it may be located by the public and
1-23 sufficient space to maintain an office, service area, and display
1-24 of products.
1-25 SECTION 2. Section 31.004, Parks and Wildlife Code, is
1-26 amended to read as follows:
1-27 Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
1-28 chapter apply to all public water of this state and to all vessels
1-29 [watercraft navigated or moving] on the public water. Privately
1-30 owned water is not subject to the provisions of this chapter.
1-31 SECTION 3. Subsection (b), Section 31.021, Parks and
1-32 Wildlife Code, is amended to read as follows:
1-33 (b) No person may operate or give permission for the
1-34 operation of any vessel or may dock, moor, or store a vessel owned
1-35 by the person on the water of this state unless:
1-36 (1) the vessel is numbered as required by this
1-37 chapter;
1-38 (2) [, unless] the certificate of number awarded to
1-39 the vessel is in full force and effect;[,] and
1-40 (3) [unless] the identifying number set forth in the
1-41 certificate is properly displayed on each side of the bow of the
1-42 vessel.
1-43 SECTION 4. Section 31.043, Parks and Wildlife Code, is
1-44 amended to read as follows:
1-45 Sec. 31.043. MANUFACTURER'S IDENTIFICATION [SERIAL] NUMBER.
1-46 (a) All vessels manufactured for sale in Texas shall carry a
1-47 manufacturer's hull identification [serial] number clearly
1-48 imprinted on the structure of the vessel or displayed on a plate
1-49 permanently attached to the vessel.
1-50 (b) The owner of a vessel not required to carry a
1-51 manufacturer's hull identification [serial] number may file an
1-52 application for a hull identification [serial] number with the
1-53 department on forms approved by it. The application must be signed
1-54 by the owner of the vessel and must be accompanied by a fee of $2
1-55 or an amount set by the commission, whichever amount is more. On
1-56 receipt of the application in approved form, the department shall
1-57 enter the information on the records of its office and shall issue
1-58 to the applicant a hull identification [serial] number.
1-59 (c) No person may intentionally or knowingly [wilfully]
1-60 destroy, remove, alter, cover, or deface the manufacturer's hull
1-61 identification [serial] number or plate bearing the hull
1-62 identification [serial] number or the hull identification [serial]
1-63 number issued by the department. No person may possess a vessel
1-64 with a hull identification number or an outboard motor with a
2-1 serial number that has been altered, defaced, mutilated, or
2-2 removed. A person who has a vessel with an altered, defaced,
2-3 mutilated, or removed hull identification [or missing serial]
2-4 number or an outboard motor with an altered, defaced, mutilated, or
2-5 removed serial number shall file a sworn statement with the
2-6 department describing the vessel or outboard motor, proving legal
2-7 ownership, and, if known, stating the reason for the destruction,
2-8 removal, or defacement of the [serial] number.
2-9 SECTION 5. Section 31.106, Parks and Wildlife Code, is
2-10 amended to read as follows:
2-11 Sec. 31.106. PERSONAL WATERCRAFT. (a) No person shall
2-12 operate a personal watercraft in the following manner or under the
2-13 following circumstances:
2-14 (1) unless each person riding on or towed behind the
2-15 vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V
2-16 personal flotation device;
2-17 (2) if the vessel is equipped by the manufacturer with
2-18 a lanyard type engine cutoff switch, unless such lanyard is
2-19 attached to the person, clothing, or personal flotation device of
2-20 the operator as appropriate for the vessel involved;
2-21 (3) during the period between sunset and sunrise;
2-22 (4) within 50 feet of any other vessel, person,
2-23 stationary platform or other object, or shore, [except another
2-24 personal watercraft, or] except at headway speed;
2-25 (5) if the operator is under 16 [13] years of age,
2-26 unless the operator:
2-27 (A) is accompanied by a person at least 18 [17]
2-28 years of age; or
2-29 (B) is at least 13 years of age and [the
2-30 operator] has successfully completed a boating safety course
2-31 prescribed and approved by the department;
2-32 (6) if the personal watercraft is a motorboat, within
2-33 any area prohibited for operation of a motorboat by state law or
2-34 local rule or regulation;
2-35 (7) while towing water skis, an aquaplane, a
2-36 surfboard, a tube, or any other similar device, unless the towing
2-37 vessel is designed to carry on board a minimum of two persons;
2-38 (8) by jumping the wake of another vessel recklessly
2-39 or unnecessarily close to that vessel; or
2-40 (9) in a manner that requires the operator to swerve
2-41 at the last possible moment to avoid collision.
2-42 (b) The provisions of this section do not apply to
2-43 professional exhibitions or an officially sanctioned race,
2-44 tournament, or exhibition.
2-45 (c) Subsection (a)(4) of this section does not prohibit the
2-46 operation of personal watercraft on bodies of water less than 100
2-47 feet in width.
2-48 (d) No owner of a personal watercraft may permit a person to
2-49 operate the personal watercraft in a manner prohibited by this
2-50 section.
2-51 (e) For the purposes of this section, a person is considered
2-52 to be accompanying the operator of a personal watercraft if the
2-53 person is on board the personal watercraft when underway.
2-54 SECTION 6. Subchapter D, Chapter 31, Parks and Wildlife
2-55 Code, is amended by adding Sections 31.108, 31.109, 31.110, and
2-56 31.111 to read as follows:
2-57 Sec. 31.108. BOATER EDUCATION PROGRAM. (a) The commission
2-58 shall adopt rules to:
2-59 (1) administer a boater education program that is
2-60 designed to educate persons about the safe operation of vessels;
2-61 (2) create a boater education course that meets or
2-62 exceeds the minimum instruction requirement, as the requirement
2-63 exists on January 1, 1997, established by the National Association
2-64 of State Boating Law Administrators;
2-65 (3) create an equivalency examination that may be
2-66 taken, as the commission determines is consistent with promoting
2-67 public safety in the operation of vessels, instead of the boater
2-68 education course; and
2-69 (4) ensure that boater education courses and
3-1 examinations are available in each county.
3-2 (b) The commission by rule may create exemptions from boater
3-3 education requirements imposed by statute to the extent the
3-4 exemptions are consistent with promoting public safety in the
3-5 operation of vessels.
3-6 (c) The commission by rule shall create a standard form for
3-7 a boater identification card to be issued to a person who
3-8 successfully completes a boater education course or course
3-9 equivalency examination.
3-10 (d) The department may appoint agents to:
3-11 (1) administer a boater education course or course
3-12 equivalency examination; and
3-13 (2) issue boater identification cards under guidelines
3-14 established by the commission.
3-15 (e) The department shall collect a $10 examination or course
3-16 fee from each person taking an examination or course to recover
3-17 administrative costs of the boater education program.
3-18 (f) An agent acting under authority of Subsection (d):
3-19 (1) shall collect the $10 examination or course fee
3-20 and forward the fee and any examination documentation to the
3-21 department not later than the 30th day after the date the
3-22 examination or course is administered; and
3-23 (2) may collect and keep a $3 service fee.
3-24 Sec. 31.109. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN
3-25 PERSONS. (a) This section applies only to a person who is:
3-26 (1) born on or after September 1, 1984; and
3-27 (2) operating on the public water of this state:
3-28 (A) a vessel powered by a motor of 10 horsepower
3-29 or more; or
3-30 (B) a windblown vessel over 14 feet in length.
3-31 (b) A person subject to this section must have in the
3-32 person's possession:
3-33 (1) a photographic identification card; and
3-34 (2) a boater identification card issued by the
3-35 department.
3-36 (c) The department shall issue a boater identification card
3-37 to a person who has successfully completed:
3-38 (1) a boater education course approved by the
3-39 department; or
3-40 (2) a course equivalency examination approved by the
3-41 department.
3-42 (d) A boater identification card issued to a person who has
3-43 successfully completed a boater education course or course
3-44 equivalency examination does not expire.
3-45 Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE
3-46 REQUIREMENT. A person is not required to comply with Section
3-47 31.109 if the person:
3-48 (1) holds a master's, mate's, or operator's license
3-49 issued by the United States Coast Guard;
3-50 (2) is supervised by a person who:
3-51 (A) is otherwise exempt from the requirements of
3-52 Section 31.109 or possesses a boater identification card as
3-53 required by Section 31.109; and
3-54 (B) is at least 18 years of age;
3-55 (3) is not a resident of this state and has proof that
3-56 the person has successfully completed a boater education course or
3-57 equivalency examination in another state that is approved by the
3-58 department; or
3-59 (4) is exempt by rule of the department.
3-60 Sec. 31.111. OPERATING VESSEL LIVERY. (a) A vessel livery
3-61 must purchase liability insurance from an insurer licensed to do
3-62 business in this state.
3-63 (b) Before releasing possession of a rented vessel, a vessel
3-64 livery shall provide each operator of the rented vessel instruction
3-65 relating to:
3-66 (1) the provisions of this chapter;
3-67 (2) operational characteristics of the rented vessel;
3-68 and
3-69 (3) boating regulations that apply in the area of
4-1 operation of the vessel.
4-2 (c) After providing the instruction required by Subsection
4-3 (b) and before releasing possession of the rented vessel, the
4-4 vessel livery shall require each operator to sign an acknowledgment
4-5 form indicating that the operator has received the required
4-6 instruction. The vessel livery shall retain the form for at least
4-7 six months.
4-8 SECTION 7. Section 31.121, Parks and Wildlife Code, is
4-9 amended to read as follows:
4-10 Sec. 31.121. ENFORCEMENT OFFICERS. (a) All peace officers
4-11 of this state [and its political subdivisions] and game wardens
4-12 commissioned by the commission must be certified as marine safety
4-13 enforcement officers by the department to [management officers are
4-14 enforcement officers for the purposes of this chapter.]
4-15 [(b) The enforcement officers may] enforce the provisions of
4-16 this chapter by arresting and taking into custody any person who
4-17 commits any act or offense prohibited by this chapter or who
4-18 violates any provision of this chapter.
4-19 (b) The commission by rule shall establish standards for
4-20 training and certifying marine safety enforcement officers under
4-21 this section.
4-22 (c) The commission by rule shall establish and collect a
4-23 fee to recover the administrative costs associated with the
4-24 certification of marine safety enforcement officers. The
4-25 commission shall require the applicant for certification or the
4-26 applicant's employer to pay the fee required under this section.
4-27 (d) [(c)] Game wardens [management officers] may assist in
4-28 the search for and rescue of victims of water-oriented accidents.
4-29 SECTION 8. Section 31.127, Parks and Wildlife Code, is
4-30 amended to read as follows:
4-31 Sec. 31.127. PENALTIES. (a) A person who violates or fails
4-32 to comply with any provision of this chapter, or who violates or
4-33 fails to comply with a city ordinance or order of a commissioners
4-34 court or a political subdivision of the state made or entered under
4-35 this chapter, [for which no other penalty is applicable] commits an
4-36 offense that is a Class C Parks and Wildlife Code misdemeanor.
4-37 (b) A person who violates Section 31.043(c) or 31.096 [or
4-38 31.104] of this code commits an offense that is a Class B Parks and
4-39 Wildlife Code misdemeanor.
4-40 (c) A person who operates a vessel in violation of Section
4-41 31.021(b) or 31.095 commits an offense punishable by a fine of not
4-42 less than $100 or more than $500.
4-43 (d) The operator of a vessel who is involved in a collision,
4-44 accident, or other casualty that results in death or serious bodily
4-45 injury to another person and fails to comply with Section 31.104
4-46 commits an offense that is a Parks and Wildlife Code felony.
4-47 (e) Except as provided by Subsection (d), the operator of a
4-48 vessel who is involved in a collision, accident, or other casualty
4-49 and fails to comply with Section 31.104 commits an offense that is
4-50 a Class A Parks and Wildlife Code misdemeanor.
4-51 SECTION 9. Section 31.128, Parks and Wildlife Code, is
4-52 amended by amending Subsection (b) and adding Subsection (c) to
4-53 read as follows:
4-54 (b) In justice court cases filed as the result of an arrest
4-55 by a game warden, the amount to be remitted to the game, fish, and
4-56 water safety account shall be 85 percent of the fine. In county
4-57 court cases filed as the result of an arrest by a game warden, the
4-58 amount to be remitted to the game, fish, and water safety account
4-59 shall be 80 percent of the fine. All costs of the court shall be
4-60 retained by the court having jurisdiction of the offense and
4-61 deposited as other fees in the proper county fund.
4-62 (c) In court cases filed as the result of an arrest by a
4-63 marine safety enforcement officer other than a game warden, the
4-64 amount to be remitted to the game, fish, and water safety account
4-65 shall be 60 percent of the fine. All costs of the court shall be
4-66 retained by the court having jurisdiction of the offense and
4-67 deposited as other fees in the proper county fund.
4-68 SECTION 10. Subchapter E, Chapter 31, Parks and Wildlife
4-69 Code, is amended by adding Sections 31.130, 31.131, and 31.132 to
5-1 read as follows:
5-2 Sec. 31.130. BOATER EDUCATION COURSE PERMITTED IN LIEU OF
5-3 FINE. (a) Except as provided by Section 31.131, this section
5-4 applies to a person who violates for the first time a provision of
5-5 this chapter relating to the operation of a vessel.
5-6 (b) A justice may defer imposition of a fine and place a
5-7 defendant on probation for a period not to exceed 60 days if the
5-8 defendant:
5-9 (1) pleads guilty or nolo contendere or is found
5-10 guilty; and
5-11 (2) requests permission from the court to attend a
5-12 boater education course.
5-13 (c) The justice shall require the defendant to successfully
5-14 complete a boater education course approved by the department
5-15 during the probation period.
5-16 (d) If the defendant presents satisfactory evidence that the
5-17 defendant has successfully completed the boater education course,
5-18 the justice shall waive imposition of a fine. If the defendant
5-19 fails to successfully complete the boater education course, the
5-20 justice shall impose a fine for the violation.
5-21 Sec. 31.131. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN
5-22 VIOLATIONS. (a) A justice shall require a person who is adjudged
5-23 guilty of an offense resulting from the violation of a provision of
5-24 Sections 31.094-31.103 or 31.106 to:
5-25 (1) pay any fine imposed for the violation; and
5-26 (2) successfully complete a boater education course
5-27 approved by the department not later than the 90th day after the
5-28 date the person is adjudged guilty.
5-29 (b) If the person fails to successfully complete the boater
5-30 education course, the person commits an offense that is a Class A
5-31 Parks and Wildlife Code misdemeanor.
5-32 Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS.
5-33 A marine safety enforcement officer shall provide to the department
5-34 on a form prescribed by the department a report of any incident the
5-35 officer investigates that involves a boating accident, water
5-36 fatality, or person who allegedly operates a boat while
5-37 intoxicated. The officer shall provide the report not later than
5-38 the 15th day after the date the incident occurred.
5-39 SECTION 11. Subdivision (9), Section 31.003, Parks and
5-40 Wildlife Code, is repealed.
5-41 SECTION 12. (a) A peace officer of this state and its
5-42 political subdivisions and game wardens who enforce Chapter 31,
5-43 Parks and Wildlife Code, are not required to be certified under
5-44 Subsection (a), Section 31.121, Parks and Wildlife Code, as amended
5-45 by this Act, until January 1, 1998.
5-46 (b) The change in law made by this Act applies only to an
5-47 offense committed on or after the effective date of this Act. For
5-48 purposes of this section, an offense is committed before the
5-49 effective date of this Act if any element of the offense occurs
5-50 before that date. An offense committed before the effective date
5-51 of this Act is covered by the law in effect when the offense was
5-52 committed, and the former law is continued in effect for that
5-53 purpose.
5-54 SECTION 13. This Act takes effect September 1, 1997.
5-55 SECTION 14. The importance of this legislation and the
5-56 crowded condition of the calendars in both houses create an
5-57 emergency and an imperative public necessity that the
5-58 constitutional rule requiring bills to be read on three several
5-59 days in each house be suspended, and this rule is hereby suspended.
5-60 * * * * *