BILL ANALYSIS
By: Eiland
BACKGROUND AND PURPOSE
Currently Texas law makes it an offense for a person to operate an open bed pickup truck, an open flatbed truck, or an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer. It does not however create an offense for a person operating a motor vehicle with a person riding in a boat or personal watercraft being drawn by the vehicle. In parts of Texas where tourists are rampant around boating season, nearly 5000 accidents were reported involving a motor vehicle drawn trailer.
As proposed, HB 1118 makes it an offense for any person operating a motor vehicle while towing a boat or personal watercraft to allow passengers to occupy the boat or watercraft while the motor vehicle is on a roadway.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Subchapter I, Chapter 545 by adding Section 545.4145 to the Transportation Code. This section sets forth an offense for a person operating a motor vehicle on a roadway when another person occupies a boat or personal watercraft being drawn by the motor vehicle unless it is in a parade or an emergency. In this section “Boat” and “watercraft” have the meaning assigned by Section 31.003 of the Parks and Wildlife Code.
EFFECTIVE DATE
September 1, 2005.
Committee Amendment #1 allows a defense to prosecution to those who are riding in a boat while trying to launch or retrieve the boat from a body of water.