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A BILL TO BE ENTITLED
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AN ACT
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relating to personal flotation device requirements for |
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recreational vessels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.066, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.066. LIFE PRESERVING DEVICES. (a) A motorboat |
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being operated for a commercial purpose [, including a motorboat |
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carrying passengers for hire,] must carry at least one wearable |
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personal flotation device of the sort prescribed by the regulations |
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of the commandant of the Coast Guard for each person on board, so |
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placed as to be readily accessible. |
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(b) The operator of a motorboat less than 26 feet in length |
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that is being operated for a commercial purpose, while underway, |
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shall require every passenger under 13 years of age to wear a |
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wearable personal flotation device of the sort prescribed by the |
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regulations of the commandant of the Coast Guard. A life belt or |
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ring buoy does not satisfy this requirement. |
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(c) A person may not operate a [recreational] vessel 16 feet |
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or more in length for a recreational purpose unless the vessel is |
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equipped with[: |
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[(1) the number of wearable personal flotation devices |
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required under Subsection (a); and |
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[(2) additionally,] at least one immediately |
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accessible Type IV throwable flotation device of the sort |
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prescribed by the regulations of the commandant of the Coast Guard. |
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(d) The operator of a vessel being operated for a |
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recreational purpose and each passenger [A person under 13 years of |
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age] on board the [a] vessel [described by Section 31.073(a) or (b)] |
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must wear a wearable personal flotation device of the sort |
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prescribed by the commandant of the Coast Guard at all times while |
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the vessel is on the water [under way]. |
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(e) An adult operator of a vessel described by Subsection |
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(d) [Section 31.073] may not permit a person under 13 years of age |
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to be on board the vessel while the vessel is on the water [under |
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way] if the person under 13 years of age is not wearing a wearable |
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personal flotation device required by Subsection (d). |
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SECTION 2. Section 31.127, Parks and Wildlife Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) A person who engages in conduct constituting an offense |
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under this section involving a violation of Sections 31.066 and |
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31.106(a)(1) may be prosecuted under this section for either |
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violation but not both. |
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SECTION 3. The change in law made this Act applies only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |