81R26079 SLB-D
By: Parker H.B. No. 3109
Substitute the following for H.B. No. 3109:
By: King of Zavala C.S.H.B. No. 3109
A BILL TO BE ENTITLED
AN ACT
relating to certain offenses involving boating safety and the
disposition of fines for certain water safety offenses.
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 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 who was engaging in a similar activity.
SECTION 3. Section 31.128(c), Parks and Wildlife Code, is
amended to read as follows:
(c) In court cases filed as the result of an arrest by a
marine safety enforcement officer other than a game warden, the
amount of the fine shall be remitted to the entity employing the
marine safety enforcement officer [to be remitted to the game,
fish, and water safety account shall be 60 percent of the fine].
All costs of the court shall be retained by the court having
jurisdiction of the offense and deposited as other fees in the
proper county fund.
SECTION 4. Section 31.128(d), Parks and Wildlife Code, is
repealed.
SECTION 5. 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 6. This Act takes effect July 1, 2009, 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 effect on that
date, this Act takes effect September 1, 2009.