81R15153 SLB-D
 
  By: Wentworth S.B. No. 2095
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a boater education course for certain
  operators of vessels.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 31.109(a) and (c), Parks and Wildlife
  Code, are amended to read as follows:
         (a)  This section applies only to a person who is[:
               [(1)  born on or after September 1, 1984; and
               [(2)]  operating on the public water of this state:
               (1) [(A)]  a vessel powered by a motor of 10 horsepower
  or more; or
               (2) [(B)]  a windblown vessel over 14 feet in length.
         (c)  The department shall issue a boater identification card
  to a person who has successfully completed:
               (1)  a boater education course, including an exit
  examination, approved by the department; or
               (2)  a course equivalency examination approved by the
  department.
         SECTION 2.  Section 31.110, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 31.110.  EXEMPTION FROM BOATER EDUCATION COURSE
  REQUIREMENT. A person is not required to comply with Section 31.109
  if the person:
               (1)  holds a master's, mate's, or operator's license
  issued by the United States Coast Guard;
               (2)  is supervised by a person who:
                     (A)  is otherwise exempt from the requirements of
  Section 31.109 or possesses a boater identification card as
  required by Section 31.109; and
                     (B)  is at least 18 years of age; or
               (3)  [is at least 18 years of age;
               [(4)]  is not a resident of this state and has proof
  that the person has successfully completed a boater education
  course or equivalency examination in another state that is approved
  by the department[; or
               [(5)  is exempt by rule of the department].
         SECTION 3.  The Parks and Wildlife Commission shall 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.  This Act takes effect September 1, 2009.