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.