| 1 | 1 | | 81R26079 SLB-D |
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| 2 | 2 | | By: Parker H.B. No. 3109 |
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| 3 | 3 | | Substitute the following for H.B. No. 3109: |
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| 4 | 4 | | By: King of Zavala C.S.H.B. No. 3109 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain offenses involving boating safety and the |
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| 10 | 10 | | disposition of fines for certain water safety offenses. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 31.099, Parks and |
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| 13 | 13 | | Wildlife Code, is amended to read as follows: |
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| 14 | 14 | | Sec. 31.099. PROHIBITION ON CIRCULAR COURSE AROUND |
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| 15 | 15 | | INDIVIDUALS ENGAGED IN WATER ACTIVITIES [FISHERMAN OR SWIMMER]. |
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| 16 | 16 | | SECTION 2. Section 31.099, Parks and Wildlife Code, is |
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| 17 | 17 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 18 | 18 | | read as follows: |
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| 19 | 19 | | (a) No person may operate a motorboat in a circular course |
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| 20 | 20 | | around: |
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| 21 | 21 | | (1) any other boat any occupant of which is engaged in |
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| 22 | 22 | | fishing, waterskiing, or a similar activity; or |
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| 23 | 23 | | (2) [around] any person swimming. |
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| 24 | 24 | | (a-1) Subsection (a) does not apply to a person operating a |
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| 25 | 25 | | motorboat in a circular course to retrieve a downed or fallen |
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| 26 | 26 | | water-skier or other person who was engaging in a similar activity. |
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| 27 | 27 | | SECTION 3. Section 31.128(c), Parks and Wildlife Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | (c) In court cases filed as the result of an arrest by a |
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| 30 | 30 | | marine safety enforcement officer other than a game warden, the |
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| 31 | 31 | | amount of the fine shall be remitted to the entity employing the |
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| 32 | 32 | | marine safety enforcement officer [to be remitted to the game, |
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| 33 | 33 | | fish, and water safety account shall be 60 percent of the fine]. |
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| 34 | 34 | | All costs of the court shall be retained by the court having |
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| 35 | 35 | | jurisdiction of the offense and deposited as other fees in the |
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| 36 | 36 | | proper county fund. |
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| 37 | 37 | | SECTION 4. Section 31.128(d), Parks and Wildlife Code, is |
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| 38 | 38 | | repealed. |
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| 39 | 39 | | SECTION 5. The change in law made by this Act applies only |
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| 40 | 40 | | to an offense committed on or after the effective date of this Act. |
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| 41 | 41 | | An offense committed before the effective date of this Act is |
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| 42 | 42 | | covered by the law in effect when the offense was committed, and the |
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| 43 | 43 | | former law is continued in effect for that purpose. For purposes of |
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| 44 | 44 | | this section, an offense was committed before the effective date of |
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| 45 | 45 | | this Act if any element of the offense was committed before that |
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| 46 | 46 | | date. |
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| 47 | 47 | | SECTION 6. This Act takes effect July 1, 2009, if it |
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| 48 | 48 | | receives a vote of two-thirds of all the members elected to each |
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| 49 | 49 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 50 | 50 | | If this Act does not receive the vote necessary for effect on that |
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| 51 | 51 | | date, this Act takes effect September 1, 2009. |
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