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