By Lucio                                        S.B. No. 1199

      75R3108 MI-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of the operation and rental of jet skis;

 1-3     providing penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 31.106(a), Parks and Wildlife Code, is

 1-6     amended to read as follows:

 1-7           (a)  No person may [shall] operate a personal watercraft [in

 1-8     the following manner or under the following circumstances]:

 1-9                 (1)  unless each person riding on or towed behind the

1-10     vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V

1-11     personal flotation device;

1-12                 (2)  if the vessel is equipped by the manufacturer with

1-13     a lanyard type engine cutoff switch, unless such lanyard is

1-14     attached to the person, clothing, or personal flotation device of

1-15     the operator as appropriate for the vessel involved;

1-16                 (3)  during the period between sunset and sunrise;

1-17                 (4)  within 50 feet of any other vessel, person,

1-18     stationary platform or other object, or shore, except another

1-19     personal watercraft, or except at headway speed;

1-20                 (5)  if the operator is under 13 years of age, unless

1-21     the operator:

1-22                       (A)  is accompanied by a person at least 17 years

1-23     of age; or

1-24                       (B)  [the operator] has successfully completed a

 2-1     boating safety course prescribed and approved by the department;

 2-2                 (6)  if the personal watercraft is a motorboat:

 2-3                       (A)  [,] within any area prohibited for operation

 2-4     of a motorboat by state law or local rule or regulation; and

 2-5                       (B)  unless the operator holds a jet ski

 2-6     operator's certificate issued under Subchapter G;

 2-7                 (7)  while towing water skis, an aquaplane, a

 2-8     surfboard, a tube, or any other similar device, unless the towing

 2-9     vessel is designed to carry on board a minimum of two persons;

2-10                 (8)  by jumping the wake of another vessel recklessly

2-11     or unnecessarily close to that vessel; or

2-12                 (9)  in a manner that requires the operator to swerve

2-13     at the last possible moment to avoid collision.

2-14           SECTION 2.  Sections 31.124(a) and (c), Parks and Wildlife

2-15     Code, are amended to read as follows:

2-16           (a)  In order to enforce the provisions of this chapter, an

2-17     enforcement officer may stop and board any vessel subject to this

2-18     chapter and:

2-19                 (1)  may inspect the boat to determine compliance with

2-20     applicable provisions; and

2-21                 (2)  if the vessel is a jet ski, may detain the person

2-22     operating the vessel to determine if the person holds a jet ski

2-23     operator's certificate as required by Subchapter G.

2-24           (c)  The operator of a vessel required by this chapter to

2-25     hold a certificate of number or a jet ski operator's certificate

2-26     aboard the vessel shall show each [the] certificate, as

2-27     appropriate, to the officer on demand, and failure to do so

 3-1     constitutes a violation of this chapter.

 3-2           SECTION 3.  Chapter 31, Parks and Wildlife Code, is amended

 3-3     by adding Subchapter G to read as follows:

 3-4                SUBCHAPTER G.  JET SKI OPERATOR CERTIFICATION

 3-5           Sec. 31.171.  DEFINITION.  In this subchapter, "jet ski"

 3-6     means a personal watercraft that uses an inboard motor powering a

 3-7     water jet pump as the watercraft's primary source of motive power.

 3-8           Sec. 31.172.  JET SKI OPERATOR'S CERTIFICATE REQUIRED.

 3-9     (a)  Except as otherwise prohibited by this chapter, a person may

3-10     operate a jet ski on water of this state if the person holds:

3-11                 (1)  a jet ski operator's certificate issued by the

3-12     department under Section 31.176; or

3-13                 (2)  a temporary jet ski operator's certificate issued

3-14     by a certified jet ski instructor as provided by Section 31.177.

3-15           (b)  A person is eligible to obtain a certificate required by

3-16     this section only if the person:

3-17                 (1)  is 18 years of age or older; and

3-18                 (2)  has satisfactorily completed the certification

3-19     course required by this subchapter for the particular certificate.

3-20           Sec. 31.173.  CERTIFICATION COURSES.  (a)  The commission by

3-21     rule shall adopt a jet ski certification course program designed to

3-22     educate persons about and ensure the safe and responsible operation

3-23     of jet skis.  The program shall include a:

3-24                 (1)  jet ski operator's certification course;

3-25                 (2)  temporary jet ski operator's certification course;

3-26     and

3-27                 (3)  jet ski instructor's certification course.

 4-1           (b)  The department shall ensure that the certification

 4-2     courses adopted under this section are available in each county

 4-3     having a population of more than 25,000 or for a county having a

 4-4     population of less than 25,000 in the county or an adjacent county.

 4-5           (c)  The department shall administer the jet ski instructor's

 4-6     certification course.  The department may administer the jet ski

 4-7     operator's and the temporary jet ski operator's certification

 4-8     courses or may appoint agents to administer those courses.  The

 4-9     department may not appoint a person as an agent under this section

4-10     unless the person holds a jet ski instructor's certificate issued

4-11     by the department under Section 31.175 and meets any additional

4-12     requirements the commission by rule may establish.

4-13           Sec. 31.174.  FEES.  (a)  The commission by rule shall set:

4-14                 (1)  department course fees for the certification

4-15     courses authorized under Section 31.172; and

4-16                 (2)  certification fees for the operator and instructor

4-17     certificates authorized by this subchapter.

4-18           (b)  Fees set under Subsection (a) shall be in an amount

4-19     sufficient to cover the costs of administering certification

4-20     courses and issuing operator and instructor certificates under this

4-21     subchapter.

4-22           (c)  The department or the department's agent shall collect

4-23     the appropriate fee from each person taking a certification course

4-24     authorized under Section 31.172 and from each person issued a

4-25     certificate under Section 31.175, 31.176, or 31.177.  An agent of

4-26     the department shall forward a fee to the department not later than

4-27     the 30th day after the date the agent administers the course or

 5-1     issues the certificate for which the fee is collected.

 5-2           (d)  The agent may collect and keep an additional service fee

 5-3     the maximum amount of which may be set by the commission to permit

 5-4     the agent to recover the costs of providing the course and

 5-5     reasonable compensation for services and equipment.

 5-6           Sec. 31.175.  JET SKI INSTRUCTOR'S CERTIFICATE.  (a)  A

 5-7     person is eligible to obtain a jet ski instructor's certificate if

 5-8     the person:

 5-9                 (1)  is 18 years of age or older; and

5-10                 (2)  has satisfactorily completed a jet ski

5-11     instructor's certification course administered by the department.

5-12           (b)  The department shall issue a jet ski instructor's

5-13     certificate to an eligible person subject to payment of the

5-14     required course and certification fees.

5-15           (c)  A jet ski instructor's certificate does not expire.  The

5-16     certificate may be revoked if the holder of the certificate

5-17     violates this chapter or a rule adopted under this chapter.

5-18           Sec. 31.176.  JET SKI OPERATOR'S CERTIFICATE.  (a)  The

5-19     department or an agent of the department shall issue a jet ski

5-20     operator's certificate to a person eligible under Section 31.172(b)

5-21     subject to payment of the required course and certification fees.

5-22           (b)  A jet ski operator's certificate does not expire.  The

5-23     certificate may be revoked if the holder of the certificate

5-24     violates this chapter or a rule adopted under this chapter.

5-25           Sec. 31.177.  TEMPORARY JET SKI OPERATOR'S CERTIFICATE.

5-26     (a)  The department or an agent of the department shall issue a

5-27     temporary jet ski operator's certificate to a person eligible under

 6-1     Section 31.172(b) subject to payment of the required course and

 6-2     certification fees.

 6-3           (b)  A temporary jet ski operator's certificate expires 72

 6-4     hours after issuance.

 6-5           Sec. 31.178.  FORM OF CERTIFICATES.  The department shall

 6-6     prescribe the form of certificates authorized to be issued under

 6-7     this subchapter.

 6-8           Sec. 31.179.  JET SKI RENTAL RESTRICTED.  No person may rent

 6-9     a jet ski to another person unless the person to whom the jet ski

6-10     is rented and by whom the jet ski will be operated holds a jet ski

6-11     operator's certificate or a temporary jet ski operator's

6-12     certificate issued under this subchapter.

6-13           SECTION 4.  (a)  Except as otherwise provided by this

6-14     section, this Act takes effect September 1, 1997.  Sections 1 and 2

6-15     of this Act and Section 31.179, Parks and Wildlife Code, as added

6-16     by Section 3 of this Act, take effect June 1, 1998.

6-17           (b)  Not later than December 1, 1997, the Parks and Wildlife

6-18     Commission shall adopt any rules necessary for the implementation

6-19     and administration of the jet ski operator and jet ski instructor

6-20     certification program created by Subchapter G, Chapter 31, Parks

6-21     and Wildlife Code, as added by this Act.

6-22           (c)  Not later than March 1, 1998, the Parks and Wildlife

6-23     Commission shall authorize and the Parks and Wildlife Department

6-24     shall implement the certification courses authorized by Section

6-25     31.173, Parks and Wildlife Code, as added by this Act.

6-26           (d)  Not later than April 1, 1998, the Parks and Wildlife

6-27     Department shall begin issuing jet ski operator's and jet ski

 7-1     instructor's certificates as authorized by Subchapter G, Chapter

 7-2     31, Parks and Wildlife Code, as added by this Act.

 7-3           SECTION 5.  The importance of this legislation and the

 7-4     crowded condition of the calendars in both houses create an

 7-5     emergency and an imperative public necessity that the

 7-6     constitutional rule requiring bills to be read on three several

 7-7     days in each house be suspended, and this rule is hereby suspended.