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By: Wentworth |
S.B. No. 2095 |
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(In the Senate - Filed March 13, 2009; March 31, 2009, read |
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first time and referred to Committee on Transportation and Homeland |
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Security; April 8, 2009, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 8, Nays 1; |
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April 8, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 2095 |
By: Wentworth |
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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a boater education course for certain |
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operators of vessels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (c), Section 31.109, Parks |
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and Wildlife Code, are amended to read as follows: |
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(a) This section applies only to a person who is[:
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[(1) born on or after September 1, 1984; and
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[(2)] operating on the public water of this state: |
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(1) [(A)] a vessel powered by a motor of 10 horsepower |
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or more; or |
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(2) [(B)] a windblown vessel over 14 feet in length. |
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(c) The department shall issue a boater identification card |
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to a person who has successfully completed: |
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(1) a boater education course, including an exit |
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examination, approved by the department; or |
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(2) a course equivalency examination approved by the |
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department. |
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SECTION 2. 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) A person is not required to comply with Section |
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31.109 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; or |
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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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[(5) is exempt by rule of the department]. |
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(b) A person who is required to complete a boater education |
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course under Section 31.109 and who rents a vessel from a vessel |
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livery business is temporarily exempt from that requirement for the |
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lesser of the period of the rental agreement or seven days if the |
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person participates in an orientation for purposes of the rental |
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that includes instruction on all applicable state law. The vessel |
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livery business shall keep records regarding the instruction and |
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retain those records for a period of not less than one year. |
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SECTION 3. The Parks and Wildlife Commission shall adopt |
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rules to implement the examination required by Section 31.109, |
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Parks and Wildlife Code, as amended by this Act, not later than |
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January 1, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |
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