BILL ANALYSIS

 

 

Senate Research Center

H.B. 550

 

By: Guillen (Perry)

 

Agriculture, Water & Rural Affairs

 

5/18/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties note that there exists a certain contradiction between federal law and state law with regard to sound-producing devices on vessels, which if not fixed could jeopardize millions of dollars in federal funding for boating safety compliance. H.B. 550 addresses this issue by making certain statutory changes relating to sound-producing devices on vessels.

 

H.B. 550 amends current law relating to sound-producing devices on vessels.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 31.065, Parks and Wildlife Code, as follows:

 

Sec. 31.065. SOUND-PRODUCING DEVICES. Requires a vessel, rather than a motorboat, to have an efficient whistle or other sound-producing device if one is required by the commandant of the Coast Guard.

 

SECTION 2. Amends Section 31.073(a), Parks and Wildlife Code, as follows:

 

(a) Requires that all canoes, kayaks, punts, rowboats, sailboats, rubber rafts, and other paddle craft when paddled, poled, oared, or windblown are exempt from all safety equipment requirements except each vessel is required to have the sound-producing device prescribed by the commandant of the Coast Guard for vessels and required under Section 31.065.

 

SECTION 3. Amends Section 31.127(a), Parks and Wildlife Code, as follows:

 

(a) Provides that a person who violates or fails to comply with any provision of this chapter (Water Safety) other than Section 31.073(a)(3) (relating to a certain vessel required to have a sound-producing device) or who violates or fails to comply with a proclamation of the Texas Parks and Wildlife Commission entered under this chapter or a city ordinance or order of a commissioners court or a political subdivision of the state made or entered under this chapter, commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

 

SECTION 4. Effective date: upon passage or September 1, 2017.