By: Harris S.B. No. 1745
(In the Senate - Filed March 11, 2009; March 20, 2009, read
first time and referred to Committee on Transportation and Homeland
Security; April 8, 2009, reported favorably by the following vote:
Yeas 9, Nays 0; April 8, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to 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. Subsection (a), Section 31.099, Parks and
Wildlife Code, is amended 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.
SECTION 3. Subsections (a) and (c), Section 31.106, Parks
and Wildlife Code, are amended to read as follows:
(a) No person shall operate a personal watercraft in the
following manner or under the following circumstances:
(1) unless each person riding on or towed behind the
vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V
personal flotation device;
(2) if the vessel is equipped by the manufacturer with
a lanyard type engine cutoff switch, unless such lanyard is
attached to the person, clothing, or personal flotation device of
the operator as appropriate for the vessel involved;
(3) during the period between sunset and sunrise;
(4) within 100 [50] feet of any other vessel, person,
stationary platform or other object, or shore, except at headway
speed;
(5) if the operator is under 16 years of age, unless
the operator:
(A) is accompanied by a person at least 18 years
of age; or
(B) is at least 13 years of age and has
successfully completed a boating safety course prescribed and
approved by the department;
(6) if the personal watercraft is a motorboat, within
any area prohibited for operation of a motorboat by state law or
local rule or regulation;
(7) while towing water skis, an aquaplane, a
surfboard, a tube, or any other similar device, unless the towing
vessel is designed to carry on board a minimum of two persons;
(8) by jumping the wake of another vessel recklessly
or unnecessarily close to that vessel; or
(9) in a manner that requires the operator to swerve at
the last possible moment to avoid collision.
(c) Subsection (a)(4) of this section does not prohibit the
operation of personal watercraft on bodies of water less than 200
[100] feet in width.
SECTION 4. Section 31.107, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.107. OPERATION OF MOTORBOAT. (a) No person may
operate a motorboat of over 15 horsepower on the public waters of
this state unless the person is 16 years of age or older or:
(1) is accompanied by a person 18 [(18)] years of age
or older; or
(2) is at least 13 years of age and has successfully
passed a boating safety course prescribed and approved by the
department.
(b) No person may operate a motorboat within 100 feet of the
shore, any other vessel, a person, or a stationary platform or other
object unless:
(1) the boat's speed does not exceed headway speed;
(2) the boat is in a no-wake zone; or
(3) a distance of at least 100 feet is not possible.
SECTION 5. Subsection (c), Section 31.128, 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 6. Subsection (d), Section 31.128, Parks and
Wildlife Code, is repealed.
SECTION 7. 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 8. 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.
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