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79R9349 KCR-F

By:  Phillips                                                     H.B. No. 2622



A BILL TO BE ENTITLED

AN ACT

relating to boating safety.                                                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 31.106(a), Parks and Wildlife Code, is 
amended to read as follows:
	(a)  No person shall operate a personal watercraft in the 
following manner or under the following circumstances:
		(1)  unless each person riding on or towed behind the 
vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V 
personal flotation device;
		(2)  if the vessel is equipped by the manufacturer with 
a lanyard type engine cutoff switch, unless such lanyard is 
attached to the person, clothing, or personal flotation device of 
the operator as appropriate for the vessel involved;
		(3)  during the period between sunset and sunrise;                            
		(4)  within 50 feet of any other vessel, person, 
stationary platform or other object, or shore, except at headway 
speed;
		(5)  [if the operator is under 16 years of age, unless 
the operator:
			[(A)  is accompanied by a person at least 18 years 
of age; or
			[(B)  is at least 13 years of age and has 
successfully completed a boating safety course prescribed and 
approved by the department;
		[(6)]  if the personal watercraft is a motorboat, 
within any area prohibited for operation of a motorboat by state law 
or local rule or regulation;
		(6) [(7)]  while towing water skis, an aquaplane, a 
surfboard, a tube, or any other similar device, unless the towing 
vessel is designed to carry on board a minimum of two persons;
		(7) [(8)]  by jumping the wake of another vessel 
recklessly or unnecessarily close to that vessel;  or
		(8) [(9)]  in a manner that requires the operator to 
swerve at the last possible moment to avoid collision.
	SECTION 2.  Sections 31.107 and 31.131(b), Parks and 
Wildlife Code, are repealed.
	SECTION 3.  This Act takes effect September 1, 2005.