By: Parker H.B. No. 1395
Substitute the following for H.B. No. 1395:
By: Elkins C.S.H.B. No. 1395
A BILL TO BE ENTITLED
AN ACT
relating to the requirements to operate personal watercraft and
certain boats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.106(a), Parks and Wildlife Code, is
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 50 feet of any other vessel, person,
stationary platform or other object, or shore, except at headway
speed;
(5) if the operator is under 13 [16] years of age
unless the operator is supervised by another person who:
(A) can lawfully operate the watercraft; and
(B) is on board the watercraft when under way[,
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.
SECTION 2. Section 31.107, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.107. OPERATION OF MOTORBOAT. No person may operate
a motorboat powered by a motor with a manufacturer's rating of more
than [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) years of age or
older; or
[(2) is] at least 13 years of age or is supervised by
another person who:
(1) can lawfully operate the motorboat; and
(2) is on board the motorboat when under way [and has
successfully passed a boating safety course prescribed and approved
by the department].
SECTION 3. Section 31.109, Parks and Wildlife Code, is
amended by amending Subsections (a), (b), and (e) and adding
Subsection (f) to read as follows:
(a) This section applies only to a person who is:
(1) born on or after September 1, 1993 [1984]; and
(2) operating on the public water of this state:
(A) a vessel powered by a motor with a
manufacturer's rating of more than 15 [10] horsepower [or more]; or
(B) a windblown vessel over 14 feet in length.
(b) A person subject to this section must have in the
person's possession[:
[(1)] a photographic identification card[;] and
either:
(1) [(2)] a boater identification card issued by the
department; or
(2) proof of completion of the requirements to obtain
a vessel operator's license issued by the United States Coast
Guard.
(e) If, on or before the trial of a person charged with an
offense for failing to possess a document required under Subsection
(b), the person produces for the court or the prosecuting attorney a
document required by Subsection (b) that was issued to the person
and was valid at the time of the offense, the court shall dismiss
the charge [Upon proof of completion of a boater safety education
course a court shall dismiss a violation of Subsections (b)(1) and
(2)].
(f) A person charged with a Class C Parks and Wildlife Code
misdemeanor for failing to possess a document required under
Subsection (b) may make to the court not later than the 10th day
after the date of the alleged offense an oral or written motion
requesting permission to take a boater education course approved by
the department or a vessel operator's licensing course provided by
the United States Coast Guard. The court shall defer the
proceedings brought against a person who makes a motion described
by this subsection and allow the person 90 days to present written
evidence that the person has successfully completed the course
approved by the department or provided by the United States Coast
Guard. If the person successfully completes the course and the
court accepts the presented evidence, the court shall dismiss the
charge.
SECTION 4. Section 31.110, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE
REQUIREMENT; DEFERRAL PROGRAM. (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 is at least 18 years
of age and 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;]
(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;
(4) is exempt by rule of the commission as a customer
of a business engaged in renting, showing, demonstrating, or
testing boats; or
(5) is exempt by rule of the commission [department].
(b) For purposes of this section, to be considered to be
supervising the operator of a watercraft, the person must be on
board the watercraft when under way.
(c) The commission by rule shall establish a boater
education deferral program. The deferral program must be available
at no cost to boat dealers, manufacturers, and distributors.
SECTION 5. The changes in law made by this Act apply 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 immediately 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 immediate effect, this
Act takes effect September 1, 2011.