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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. DEFINITIONS. In this subchapter: |
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(1) "Licensed party boat operator" means a person |
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issued a license by the department under this subchapter. |
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(2) "Party boat" means a vessel: |
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(A) operated by the owner of the vessel or an |
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employee of the owner; and |
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(B) rented or leased by the owner for a group |
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recreational event for more than six passengers. |
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Sec. 31.172. APPLICABILITY; EXCEPTION. (a) This |
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subchapter applies only to a party boat that operates on the inland |
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waters of this state. |
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(b) This subchapter does not apply to a boat that is less |
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than 30 feet in length or to a sailboat. |
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Sec. 31.173. PARTY BOAT OPERATOR AND STAFF. (a) Except as |
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provided by Subsection (c), the party boat owner shall provide |
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staff members, including a licensed party boat operator, who: |
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(1) operate and staff the party boat for the duration |
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of a rental or lease for a group recreational event as follows: |
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(A) for a boat with not more than 25 passengers, |
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one staff member who is an operator; |
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(B) for a boat with at least 26 but not more than |
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50 passengers, two staff members, including one operator; and |
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(C) for a boat with more than 50 passengers, |
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three staff members, including one operator; and |
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(2) have each successfully completed a boater safety |
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course approved under this chapter. |
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(b) At least one staff member on the boat must be certified |
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to conduct cardiopulmonary resuscitation. |
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(c) This section does not apply to a party boat rented or |
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leased for an overnight or longer period for which the owner, or the |
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owner's staff, does not intend to remain in constant possession, |
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command, and control of the party boat. |
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Sec. 31.174. 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 as determined by the |
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department on inspection; |
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(2) must have a direct and reliable communication |
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connection to the land-based office of the owner and law |
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enforcement and emergency services by cellular telephone or very |
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high frequency radio; and |
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(3) must pass an annual water safety inspection |
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conducted by the department or a person under contract with the |
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department. |
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Sec. 31.175. PASSENGER SAFETY INFORMATION; INSURANCE. |
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(a) The owner of a party boat shall provide each passenger with |
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written and verbal safety information and require each passenger to |
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sign a form acknowledging that the passenger reviewed and |
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understands the information. |
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(b) The verbal and written safety information must disclose |
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that no lifeguard is present on the party boat if there is not at |
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least one staff member on the boat who is certified as a lifeguard |
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by the American Red Cross, the American Lifeguard Association, or |
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another comparable nationally recognized organization. |
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(c) 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. 31.176. PARTY BOAT OPERATOR LICENSE. (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 and renewal of a party boat operator license under this |
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subchapter. |
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(b) Except as provided by Subsection (c), the rules for |
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obtaining a license as a party boat operator must require at a |
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minimum that the applicant: |
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(1) be at least 21 years of age; |
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(2) observe for at least four hours a licensed party |
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boat operator operating a party boat on open water; |
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(3) operate for at least four hours a party boat on |
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open water while being supervised and observed by a licensed party |
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boat operator; and |
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(4) pass a written examination covering onboard safety |
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procedures and the applicable provisions of this chapter. |
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(c) An applicant is not required to comply with Subsections |
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(b)(2) and (3) if the applicant has: |
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(1) at least 25 hours of experience operating a party |
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boat as shown by appropriate documentation; and |
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(2) no record of boating violations. |
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Sec. 31.177. FEES. (a) The commission by rule shall |
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establish and collect a reasonable fee for: |
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(1) the issuance of a party boat operator license |
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under this subchapter; and |
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(2) the annual water safety inspection of a party boat |
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required by this subchapter. |
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(b) A fee collected by the department under this subchapter |
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and any interest that accrues on the fee shall be deposited to the |
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credit of the game, fish, and water safety account established |
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under Section 11.032. |
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Sec. 31.178. DRUG AND ALCOHOL TESTING. If a party boat is |
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involved in an accident causing serious personal injury or death, |
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each staff member on board is subject to mandatory drug and alcohol |
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testing. |
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Sec. 31.179. ENFORCEMENT. (a) In addition to a game |
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warden, any peace officer of a municipality or other political |
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subdivision of this state who is certified as a marine safety |
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enforcement officer under Section 31.121 may enforce this |
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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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(b) A party boat is subject to enforcement inspections |
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conducted under Section 31.124. |
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Sec. 31.180. 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. |
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