| 1 | 1 | | By: Wentworth S.B. No. 2095 |
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| 2 | 2 | | (In the Senate - Filed March 13, 2009; March 31, 2009, read |
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| 3 | 3 | | first time and referred to Committee on Transportation and Homeland |
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| 4 | 4 | | Security; April 8, 2009, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 8, Nays 1; |
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| 6 | 6 | | April 8, 2009, sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 2095 By: Wentworth |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to requiring a boater education course for certain |
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| 13 | 13 | | operators of vessels. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subsections (a) and (c), Section 31.109, Parks |
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| 16 | 16 | | and Wildlife Code, are amended to read as follows: |
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| 17 | 17 | | (a) This section applies only to a person who is[: |
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| 18 | 18 | | [(1) born on or after September 1, 1984; and |
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| 19 | 19 | | [(2)] operating on the public water of this state: |
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| 20 | 20 | | (1) [(A)] a vessel powered by a motor of 10 horsepower |
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| 21 | 21 | | or more; or |
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| 22 | 22 | | (2) [(B)] a windblown vessel over 14 feet in length. |
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| 23 | 23 | | (c) The department shall issue a boater identification card |
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| 24 | 24 | | to a person who has successfully completed: |
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| 25 | 25 | | (1) a boater education course, including an exit |
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| 26 | 26 | | examination, approved by the department; or |
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| 27 | 27 | | (2) a course equivalency examination approved by the |
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| 28 | 28 | | department. |
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| 29 | 29 | | SECTION 2. Section 31.110, Parks and Wildlife Code, is |
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| 30 | 30 | | amended to read as follows: |
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| 31 | 31 | | Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE |
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| 32 | 32 | | REQUIREMENT. (a) A person is not required to comply with Section |
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| 33 | 33 | | 31.109 if the person: |
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| 34 | 34 | | (1) holds a master's, mate's, or operator's license |
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| 35 | 35 | | issued by the United States Coast Guard; |
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| 36 | 36 | | (2) is supervised by a person who: |
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| 37 | 37 | | (A) is otherwise exempt from the requirements of |
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| 38 | 38 | | Section 31.109 or possesses a boater identification card as |
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| 39 | 39 | | required by Section 31.109; and |
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| 40 | 40 | | (B) is at least 18 years of age; or |
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| 41 | 41 | | (3) [is at least 18 years of age; |
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| 42 | 42 | | [(4)] is not a resident of this state and has proof |
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| 43 | 43 | | that the person has successfully completed a boater education |
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| 44 | 44 | | course or equivalency examination in another state that is approved |
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| 45 | 45 | | by the department[; or |
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| 46 | 46 | | [(5) is exempt by rule of the department]. |
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| 47 | 47 | | (b) A person who is required to complete a boater education |
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| 48 | 48 | | course under Section 31.109 and who rents a vessel from a vessel |
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| 49 | 49 | | livery business is temporarily exempt from that requirement for the |
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| 50 | 50 | | lesser of the period of the rental agreement or seven days if the |
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| 51 | 51 | | person participates in an orientation for purposes of the rental |
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| 52 | 52 | | that includes instruction on all applicable state law. The vessel |
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| 53 | 53 | | livery business shall keep records regarding the instruction and |
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| 54 | 54 | | retain those records for a period of not less than one year. |
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| 55 | 55 | | SECTION 3. The Parks and Wildlife Commission shall adopt |
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| 56 | 56 | | rules to implement the examination required by Section 31.109, |
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| 57 | 57 | | Parks and Wildlife Code, as amended by this Act, not later than |
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| 58 | 58 | | January 1, 2010. |
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| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2009. |
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| 60 | 60 | | * * * * * |
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