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A BILL TO BE ENTITLED
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AN ACT
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relating to required boating incident reports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.105, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.105. INCIDENT [ACCIDENT] REPORTS. (a) This |
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section applies only to an incident that is [The operator of a |
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vessel involved in] a collision, accident, or other casualty that |
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results in: |
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(1) the death of a person; |
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(2) [or] injury to a person that requires medical |
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treatment beyond the provision of first aid; or |
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(3) damage to property in excess of an amount set by |
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the commission of not less than $2,000. |
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(b) Not later than the 30th day after the date of an incident |
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to which this section applies, the operator of a vessel involved in |
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the incident shall provide [report] to a marine safety enforcement |
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officer or game warden commissioned by the department [on or before |
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the expiration of 30 days after the incident] a full description of |
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the incident [collision, accident, or casualty] in accordance with |
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regulations established by the department. |
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(c) A marine safety enforcement officer who in the regular |
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course of duty investigates an incident to which this section |
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applies shall electronically file a written report of the incident |
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with the department: |
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(1) in a form prescribed by the department; and |
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(2) not later than the 15th day after the date the |
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officer initially became aware of the incident [(b) The accident |
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reports are confidential and are inadmissible in court as |
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evidence]. |
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(d) [(c)] On request made by an authorized official or |
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agency of the United States, any information available to the |
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department under Subsection (b) [(a)] of this section shall be sent |
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to the official or agency. |
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SECTION 2. Subchapter D, Chapter 31, Parks and Wildlife |
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Code, is amended by adding Section 31.1055 to read as follows: |
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Sec. 31.1055. RELEASE OF INCIDENT REPORTS. (a) This |
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section applies only to an incident report that is held by the |
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department or another governmental entity. |
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(b) In this section: |
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(1) "Incident" means an incident described by Section |
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31.105(a). |
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(2) "Incident report" means a written report required |
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under Section 31.105(c). |
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(c) Except as otherwise provided by this section, an |
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incident report is confidential and for the use of: |
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(1) the department; and |
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(2) an authorized official or agency of the United |
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States or a state or local governmental entity. |
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(d) On written request, the department or the governmental |
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entity shall release an incident report to: |
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(1) an entity described by Subsection (c); |
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(2) the law enforcement agency that employs the marine |
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safety enforcement officer who investigated the incident and filed |
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the incident report with the department, including an agent of the |
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law enforcement agency authorized by contract to obtain the |
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information; |
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(3) the court in which a case involving a person |
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involved in the incident is pending if the incident report is |
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subpoenaed; or |
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(4) a person directly concerned in the incident or |
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having an interest in the incident as: |
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(A) a person involved in the incident; |
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(B) the authorized representative of a person |
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involved in the incident; |
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(C) a vessel operator involved in the incident; |
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(D) an employer, parent, or legal guardian of a |
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vessel operator involved in the incident; |
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(E) the owner of a vessel or property damaged in |
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the incident; |
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(F) a person who has established financial |
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responsibility for a vessel involved in the incident, including a |
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policyholder of a liability insurance policy covering the vessel; |
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(G) an insurance company that issued an insurance |
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policy covering a vessel involved in the incident; |
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(H) an insurance company that issued a policy |
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covering any person involved in the incident; |
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(I) a person under contract to provide claims or |
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underwriting information to a person described by Paragraph (F), |
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(G), or (H); |
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(J) a radio or television station that holds a |
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license issued by the Federal Communications Commission; |
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(K) a newspaper that is: |
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(i) a free newspaper of general circulation |
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or qualified under Section 2051.044, Government Code, to publish |
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legal notices; |
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(ii) published at least once a week; and |
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(iii) available and of interest to the |
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general public in connection with the dissemination of news; or |
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(L) a person who may sue because of death |
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resulting from the incident. |
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(e) In addition to the information required to be released |
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under Subsection (d), the department shall publish at least |
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annually statistics derived from incident reports that relate to |
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the number, cause, and location of the reported incidents. |
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(f) The department when releasing information under |
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Subsection (d)(4)(J) or (K): |
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(1) may not release the personal identifying |
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information, as defined by Section 521.002(a), Business & Commerce |
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Code, of an individual included in an incident report; and |
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(2) shall withhold or redact: |
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(A) the address, other than zip code, and |
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telephone number of a person included in an incident report; |
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(B) the registration or hull identification |
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number of a vessel included in an incident report; |
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(C) the badge number or identification number of |
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the investigating officer; |
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(D) the date of death of a person who died as a |
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result of the incident; and |
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(E) the location to which a person injured or |
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killed in the incident was transported or the person that provided |
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the transportation. |
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(g) The amount that may be charged for information provided |
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under Subsection (d) shall be calculated in the manner specified by |
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Chapter 552, Government Code, for public information provided by a |
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governmental body under that chapter. |
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SECTION 3. Section 31.132, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT |
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OFFICERS. (a) Except as provided by Subsection (b), a [A] marine |
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safety enforcement officer shall provide to the department on a |
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form prescribed by the department a report of any incident the |
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officer investigates that involves a boating accident, water |
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fatality, or person who allegedly operates a boat while |
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intoxicated. The officer shall provide the report not later than |
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the 15th day after the date the officer initially became aware of |
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the incident. |
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(b) This section does not apply to an incident that is |
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required to be reported under Section 31.105(c). |
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SECTION 4. Section 31.105, Parks and Wildlife Code, as |
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amended by this Act, applies only to an incident described by |
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Subsection (a) of that section that occurs on or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |