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A BILL TO BE ENTITLED
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AN ACT
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relating to certain offenses involving boating safety and the |
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disposition of fines for certain water safety offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 31.099, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 31.099. PROHIBITION ON CIRCULAR COURSE AROUND |
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INDIVIDUALS ENGAGED IN WATER ACTIVITIES [FISHERMAN OR SWIMMER]. |
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SECTION 2. Section 31.099, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) No person may operate a motorboat in a circular course |
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around: |
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(1) any other boat any occupant of which is engaged in |
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fishing, waterskiing, or a similar activity; or |
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(2) [around] any person swimming. |
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(a-1) Subsection (a) does not apply to a person operating a |
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motorboat in a circular course to retrieve a downed or fallen |
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water-skier or other person who was engaging in a similar activity. |
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SECTION 3. Section 31.128(c), Parks and Wildlife Code, is |
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amended to read as follows: |
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(c) In court cases filed as the result of an arrest by a |
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marine safety enforcement officer other than a game warden, the |
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amount of the fine shall be remitted to the entity employing the |
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marine safety enforcement officer [to be remitted to the game,
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fish, and water safety account shall be 60 percent of the fine]. |
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All costs of the court shall be retained by the court having |
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jurisdiction of the offense and deposited as other fees in the |
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proper county fund. |
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SECTION 4. Section 31.128(d), Parks and Wildlife Code, is |
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repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 6. This Act takes effect July 1, 2009, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect September 1, 2009. |