By: Wentworth  S.B. No. 2095
         (In the Senate - Filed March 13, 2009; March 31, 2009, read
  first time and referred to Committee on Transportation and Homeland
  Security; April 8, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 1;
  April 8, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2095 By:  Wentworth
 
 
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.  Subsections (a) and (c), Section 31.109, 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)  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].
         (b)  A person who is required to complete a boater education
  course under Section 31.109 and who rents a vessel from a vessel
  livery business is temporarily exempt from that requirement for the
  lesser of the period of the rental agreement or seven days if the
  person participates in an orientation for purposes of the rental
  that includes instruction on all applicable state law.  The vessel
  livery business shall keep records regarding the instruction and
  retain those records for a period of not less than one year.
         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.
 
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