By: Hope H.B. No. 3197
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 31.063, Parks & Wildlife Code, is
amended to read as follows:
§ 31.063. Classes of [Motorboats]Vessels. [Motorboats]
Vessels subject to the provisions of this chapter are divided into
four classes according to length as follows:
Class A. Less than 16 feet in length.
Class 1. 16 feet or over and less than 26 feet in length.
Class 2. 26 feet or over and less than 40 feet in length.
Class 3. 40 feet in length or over.
SECTION 2. Section 31.064 Parks & Wildlife Code, is amended
to read as follows:
A vessel [or motorboat] when not at dock must have and exhibit
at least one bright light, lantern, or flashlight from sunset to
sunrise in all weather. A vessel [or motorboat] when underway
between sunset and sunrise in all weather must have and exhibit the
lights prescribed by [the commandant of the Coast Guard]federal
regulations for boats of its class. No other lights that may be
mistaken for those prescribed may be exhibited.
SECTION 3. Section 31.065 Parks & Wildlife Code, is amended
to read as follows:
A [motorboat] vessel must have an efficient whistle or other
sound-producing device if one is required by [the commandant of the
Coast Guard] federal regulations.
SECTION 4. Section 31.066 Parks & Wildlife Code, is amended
to read as follows:
(a) A [motorboat] vessel must have at least one life
preserver[, life belt, ring buoy, or other device] of the sort
prescribed by [the] federal regulations [of the commandant of the
Coast Guard] for each person on board, so placed as to be readily
accessible.
(b) A [motorboat] vessel carrying passengers for hire must
have a readily accessible life preserver of the sort prescribed by
[the]federal regulations [of the commandant of the Coast Guard]
for each person on board.
(c) The operator of a class A or class 1 [motorboat] vessel,
while underway, shall require every passenger under 13 years of age
to wear a life preserver of the sort prescribed by thefederal
regulations [of the commandant of the Coast Guard], unless each
such passenger is either below decks or in an enclosed cabin. [A
life belt or ring buoy does not satisfy this requirement.]
SECTION 5. Section 31.106(a)(5) Parks & Wildlife Code, is
deleted and renumbered accordingly to read as follows:
[(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;]
(5) [(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 6. Section 31.106(d) Parks & Wildlife Code, is
amended to read as follows:
(d) An owner of a personal watercraft may not permit
[permitting] a person under 18 years of age to operate the personal
watercraft in a manner prohibited by this section [may be notified
of the violation].
SECTION 7. Section 31.107 Parks & Wildlife Code, is
deleted, to read as follows:
[§ 31.107. Operation of Motorboat. No person may operate a
motorboat of over 15 horsepower on the public waters of this state
unless the person is 16 years of age or older or:
(1) is accompanied by a person (18) years of age or
older; or
(2) is at least 13 years of age and has successfully
passed a boating safety course prescribed and approved by the
department.]
SECTION 8. Section 31.108(f)(2) Parks & Wildlife Code, is
amended, to read as follows:
(2) may collect and keep up to a $[3]5 of the
examination or [service] course fee to defray their out-of-pocket
expenses.
SECTION 9. Section 31.109(a)(1) Parks & Wildlife Code, is
amended, to read as follows:
(1) born on or after September 1, 1984, or operates a
vessel carrying passengers for hire; and
SECTION 10. Section 31.109(b)(2) Parks & Wildlife Code, is
amended, to read as follows:
(2) proof of completion of the requirements to obtain a
vessel operator's license issued by the United States Coast Guard.
SECTION 11. Section 31.109(e) Parks & Wildlife Code, is
amended, to read as follows:
(e) Upon proof of completion of a boater safety education
course or vessel licensing course provided by the United States
Coast Guard, a court shall dismiss a violation of Subsections
(b)(1) and (2).
SECTION 12. Section 31.110 (2) Parks & Wildlife Code, is
amended, to read as follows:
(2) is accompanied and supervised by a person who:
[(A)] is otherwise exempt from the requirements
of Section 31.109 or possesses a boater identification card as
required by Section 31.109; and
[(B) is at least 18 years of age;
(3) is at least 18 years of age;]
(3) [(4)] is not a resident of this state and has proof
that the person has successfully completed a boater education
course or equivalency examination in another state that is approved
by the department; or
(4) [(5)] is exempt by rule of the department.
SECTION 13. Section 31.110(2) Parks & Wildlife Code, is
deleted, to read as follows:
[(b) If the person fails to successfully complete the boater
education course, the person commits an offense that is a Class A
Parks and Wildlife Code misdemeanor.]
SECTION 14. This Act takes effect September 1, 2005.