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A BILL TO BE ENTITLED
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AN ACT
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relating to offenses involving boating safety and the disposition |
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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(a), Parks and Wildlife Code, is |
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amended to 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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SECTION 3. Sections 31.106(a) and (c), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) No person shall operate a personal watercraft in the |
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following manner or under the following circumstances: |
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(1) unless each person riding on or towed behind the |
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vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V |
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personal flotation device; |
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(2) if the vessel is equipped by the manufacturer with |
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a lanyard type engine cutoff switch, unless such lanyard is |
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attached to the person, clothing, or personal flotation device of |
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the operator as appropriate for the vessel involved; |
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(3) during the period between sunset and sunrise; |
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(4) within 100 [50] feet of any other vessel, person, |
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stationary platform or other object, or shore, except at headway |
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speed; |
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(5) if the operator is under 16 years of age, unless |
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the operator: |
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(A) is accompanied by a person at least 18 years |
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of age; or |
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(B) is at least 13 years of age and has |
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successfully completed a boating safety course prescribed and |
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approved by the department; |
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(6) if the personal watercraft is a motorboat, within |
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any area prohibited for operation of a motorboat by state law or |
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local rule or regulation; |
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(7) while towing water skis, an aquaplane, a |
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surfboard, a tube, or any other similar device, unless the towing |
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vessel is designed to carry on board a minimum of two persons; |
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(8) by jumping the wake of another vessel recklessly |
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or unnecessarily close to that vessel; or |
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(9) in a manner that requires the operator to swerve at |
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the last possible moment to avoid collision. |
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(c) Subsection (a)(4) of this section does not prohibit the |
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operation of personal watercraft on bodies of water less than 200 |
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[100] feet in width. |
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SECTION 4. Section 31.107, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.107. OPERATION OF MOTORBOAT. (a) No person may |
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operate a motorboat of over 15 horsepower on the public waters of |
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this state unless the person is 16 years of age or older or: |
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(1) is accompanied by a person 18 [(18)] years of age |
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or older; or |
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(2) is at least 13 years of age and has successfully |
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passed a boating safety course prescribed and approved by the |
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department. |
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(b) No person may operate a motorboat within 100 feet of the |
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shore, any other vessel, a person, or a stationary platform or other |
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object unless: |
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(1) the boat's speed does not exceed headway speed; |
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(2) the boat is in a no-wake zone; or |
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(3) a distance of at least 100 feet is not possible. |
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SECTION 5. 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 6. Section 31.128(d), Parks and Wildlife Code, is |
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repealed. |
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SECTION 7. 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 8. 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. |