BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 2095

81R15153 SLB-D                                                                                                      By: Wentworth

                                                                                                 Transportation & Homeland Security

                                                                                                                                              4/4/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

There are currently no requirements that people 18 years of age or older are required to meet in order to operate boats and other vessels on public waters of the state.  Operating these types of vessels can be just as dangerous as operating a motor vehicle on a public street or highway.  The Texas Parks and Wildlife Department (TPWD) has a safety course in place that is required for people born after September 1, 1984, but people who are 18 years of age or older are exempt.  Most people who own boats are older than 18 years of age, and these people should have some type of training and testing requirement to ensure they will safely operate vessels on public waters.

 

As proposed,  S.B. 2095 requires TPWD to issue a boater identification card to a person who has completed a boater education course and an exit exam approved by TPWD.  The bill also deletes provisions exempting persons born prior to September 1, 1984.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Parks and Wildlife Department in SECTION 3 of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 31.109(a) and (c), Parks and Wildlife Code, as follows:

 

(a) Deletes existing text providing that this section applies only to a person born on or after September 1, 1984. Makes nonsubstantive changes.

 

(c) Requires the Texas Parks and Wildlife Department (TPWD) to issue a boater identification card to a person who has successfully completed a boater education course, including an exit examination, approved by TPWD.

 

SECTION 2.  Amends Section 31.110, Parks and Wildlife Code, as follows:

 

Sec.  31.110.  EXEMPTION FROM BOATER EDUCATION COURSE REQUIREMENT.  Deletes existing text providing that a person is not required to comply with Section 31.109 if the person is at least 18 years of age, or is exempt by rule of TPWD. Makes nonsubstantive changes.

 

SECTION 3. Requires TPWD to adopt rules to implement the examination required by Section 31.109, Parks and Wildlife Code, as amended by this Act, not later than January 1, 2010.

 

SECTION 4.  Effective date: September 1, 2009.