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A BILL TO BE ENTITLED
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AN ACT
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relating to boating safety and boater education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.106(a), Parks and Wildlife Code, is |
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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 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 has successfully completed a boater education course |
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as required by Section 31.109 or is otherwise exempt under Section |
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31.110 [:
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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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SECTION 2. 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. No person may operate |
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a motorboat [of over 15 horsepower] on the public waters of this |
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state unless the person [is 16 years of age or older or:
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[(1)
is accompanied by a person (18) years of age or
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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 as required by Section 31.109 or is |
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otherwise exempt under Section 31.110 [prescribed and approved by
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the department]. |
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SECTION 3. Section 31.108, Parks and Wildlife Code, is |
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amended by amending Subsections (d) and (f) and adding Subsections |
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(d-1) and (g) to read as follows: |
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(d) The department may appoint agents to: |
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(1) administer a boater education course, including a |
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course administered on the Internet or by home study, or course |
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equivalency examination; and |
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(2) issue boater identification cards under |
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guidelines established by the commission. |
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(d-1) An agent appointed under Subsection (d) may charge a |
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reasonable fee for services provided under Subsection (d) as |
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provided by the agent's contract with the department. |
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(f) The department may use volunteer instructors or other |
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agents to minimize the cost of the course. The department may |
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charge a person who enrolls in a boater education course a fee not |
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to exceed $15. The department by rule may permit a volunteer |
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instructor or other agent to collect the fee and to retain a portion |
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of the fee to reimburse the volunteer or other agent for the |
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volunteer's or agent's necessary and reasonable expenses associated |
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with teaching the course [An agent acting under authority of
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Subsection (d):
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[(1)
shall collect a $10 examination or course fee and
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forward the fee and any examination documentation to the department
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not later than the 30th day after the date the examination or course
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is administered; and
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[(2) may collect and keep a $3 service fee]. |
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(g) The department shall determine the qualifications for a |
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boater education instructor and shall recruit, train, and certify a |
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boater education instructor. The department may establish an |
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incentive program to encourage individuals to volunteer as |
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instructors. |
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SECTION 4. Section 31.110, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE |
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REQUIREMENT. A person is not required to comply with Section 31.109 |
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if the person: |
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(1) holds a master's, mate's, or operator's license |
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issued by the United States Coast Guard; |
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(2) is supervised by a person who: |
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(A) is otherwise exempt from the requirements of |
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Section 31.109 or possesses a boater identification card as |
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required by Section 31.109; and |
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(B) is at least 18 years of age; |
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(3) [is at least 18 years of age;
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[(4)] is not a resident of this state and has proof |
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that the person has successfully completed a boater education |
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course or equivalency examination in another state that is approved |
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by the department; or |
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(4) [(5)] is exempt by rule of the department. |
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SECTION 5. Subchapter D, Chapter 31, Parks and Wildlife |
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Code, is amended by adding Section 31.112 to read as follows: |
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Sec. 31.112. FEES. (a) Any fee collected by the department |
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under Section 31.108 shall be deposited in the game, fish, and water |
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safety account established under Section 11.032. |
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(b) Interest earned on money deposited to the credit of the |
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game, fish, and water safety account under Subsection (a) shall be |
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credited to the account. |
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SECTION 6. This Act takes effect September 1, 2009. |