82R2089 SLB-F
 
  By: Parker H.B. No. 596
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to offenses involving operating a motorboat in a circular
  course.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 31.099, Parks and
  Wildlife Code, is amended to read as follows:
         Sec. 31.099.  PROHIBITION ON CIRCULAR COURSE AROUND
  INDIVIDUALS ENGAGED IN WATER ACTIVITIES [FISHERMAN OR SWIMMER].
         SECTION 2.  Section 31.099, Parks and Wildlife Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  No person may operate a motorboat in a circular course
  around:
               (1)  any other boat or personal watercraft any occupant
  of which is engaged in fishing, waterskiing, or a similar activity;
  or
               (2)  [around] any person swimming.
         (a-1)  Subsection (a) does not apply to a person operating a
  motorboat in a circular course to retrieve a downed or fallen
  water-skier or other person engaged in a similar activity.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense was committed before that
  date.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.