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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of commercially operated party boats on |
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public water of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Parks and Wildlife Code, is amended |
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by adding Subchapter G to read as follows: |
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SUBCHAPTER G. PARTY BOATS |
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Sec. 31.171. DEFINITION. In this subchapter, "party boat" |
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means a vessel: |
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(1) operated by the owner of the vessel or an employee |
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of the owner; and |
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(2) rented or leased by the owner for a group |
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recreational event. |
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Sec. 31.172. PARTY BOAT OPERATOR. The party boat owner |
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shall provide an operator who: |
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(1) operates the party boat and is on board for the |
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duration of any rental or lease for a group recreational event; |
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(2) is licensed by the department to operate a party |
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boat; |
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(3) has successfully completed a boater safety course |
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approved under this chapter; and |
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(4) is certified to conduct cardiopulmonary |
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resuscitation. |
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Sec. 31.173. BOAT REQUIREMENTS. A party boat: |
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(1) may not carry more than the maximum number of |
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passengers the boat may safely accommodate; and |
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(2) must pass a periodic department safety inspection. |
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Sec. 31.174. OWNER LIABILITY; INSURANCE. (a) The owner of |
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a party boat is liable for personal injury, death, or property |
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damage proximately caused by a person on the boat who is |
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intoxicated. |
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(b) The owner of a party boat must obtain at least a minimum |
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amount of liability insurance from an insurer licensed to do |
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business in this state. The commission shall set the amount. |
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Sec. 31.175. ENFORCEMENT. In addition to a game warden, any |
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peace officer of a municipality or other political subdivision of |
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this state who is certified as a marine safety enforcement officer |
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under Section 31.121 may enforce this subchapter: |
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(1) in the area of a navigable body of water that is in |
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the jurisdiction of the municipality or other political |
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subdivision; or |
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(2) in any part of a lake that is partly or wholly |
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inside the boundaries of: |
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(A) the municipality or its extraterritorial |
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jurisdiction; or |
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(B) the political subdivision. |
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Sec. 31.176. LICENSE AND INSPECTION FEES. (a) The |
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commission by rule shall establish, as necessary to protect the |
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public health and safety, the requirements and procedures for the |
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issuance of an operator license under this subchapter. |
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(b) The commission by rule shall establish and collect a |
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reasonable fee for: |
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(1) the issuance of an operator license under this |
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subchapter; and |
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(2) the periodic safety inspection of a party boat |
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required by this subchapter. |
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Sec. 31.177. RULES. The commission shall adopt and enforce |
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rules necessary to implement this subchapter. |
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SECTION 2. Not later than January 1, 2008, the Parks and |
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Wildlife Commission shall adopt rules to implement Subchapter G, |
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Chapter 31, Parks and Wildlife Code, as added by this Act. |
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SECTION 3. Subchapter G, Chapter 31, Parks and Wildlife |
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Code, as added by this Act, applies only to the rental or lease of a |
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party boat on the public water of this state for a group |
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recreational event held on or after June 1, 2008. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |