Texas 2011 - 82nd Regular

Texas House Bill HB1395 Compare Versions

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1	1	By: Parker (Senate Sponsor - Watson) H.B. No. 1395
2	2	(In the Senate - Received from the House May 5, 2011;
3	3	May 9, 2011, read first time and referred to Committee on
4	4	Transportation and Homeland Security; May 17, 2011, reported
5	5	favorably by the following vote: Yeas 6, Nays 0; May 17, 2011, sent
6	6	to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the requirements to operate personal watercraft and
12	12	certain boats.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 31.106(a), Parks and Wildlife Code, is
15	15	amended to read as follows:
16	16	(a) No person shall operate a personal watercraft in the
17	17	following manner or under the following circumstances:
18	18	(1) unless each person riding on or towed behind the
19	19	vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V
20	20	personal flotation device;
21	21	(2) if the vessel is equipped by the manufacturer with
22	22	a lanyard type engine cutoff switch, unless such lanyard is
23	23	attached to the person, clothing, or personal flotation device of
24	24	the operator as appropriate for the vessel involved;
25	25	(3) during the period between sunset and sunrise;
26	26	(4) within 50 feet of any other vessel, person,
27	27	stationary platform or other object, or shore, except at headway
28	28	speed;
29	29	(5) if the operator is under 13 [16] years of age
30	30	unless the operator is supervised by another person who:
31	31	(A) is at least 18 years of age;
32	32	(B) can lawfully operate the watercraft; and
33	33	(C) is on board the watercraft when under way[,
34	34	unless the operator:
35	35	[(A) is accompanied by a person at least 18 years
36	36	of age; or
37	37	[(B) is at least 13 years of age and has
38	38	successfully completed a boating safety course prescribed and
39	39	approved by the department];
40	40	(6) if the personal watercraft is a motorboat, within
41	41	any area prohibited for operation of a motorboat by state law or
42	42	local rule or regulation;
43	43	(7) while towing water skis, an aquaplane, a
44	44	surfboard, a tube, or any other similar device, unless the towing
45	45	vessel is designed to carry on board a minimum of two persons;
46	46	(8) by jumping the wake of another vessel recklessly
47	47	or unnecessarily close to that vessel; or
48	48	(9) in a manner that requires the operator to swerve at
49	49	the last possible moment to avoid collision.
50	50	SECTION 2. Section 31.107, Parks and Wildlife Code, is
51	51	amended to read as follows:
52	52	Sec. 31.107. OPERATION OF MOTORBOAT. No person may operate
53	53	a motorboat powered by a motor with a manufacturer's rating of more
54	54	than [over] 15 horsepower on the public waters of this state unless
55	55	the person is [16 years of age or older or:
56	56	[(1) is accompanied by a person (18) years of age or
57	57	older; or
58	58	[(2) is] at least 13 years of age or is supervised by
59	59	another person who:
60	60	(1) is at least 18 years of age;
61	61	(2) can lawfully operate the motorboat; and
62	62	(3) is on board the motorboat when under way [and has
63	63	successfully passed a boating safety course prescribed and approved
64	64	by the department].
65	65	SECTION 3. Section 31.109, Parks and Wildlife Code, is
66	66	amended by amending Subsections (a), (b), and (e) and adding
67	67	Subsection (f) to read as follows:
68	68	(a) This section applies only to a person who is:
69	69	(1) born on or after September 1, 1993 [1984]; and
70	70	(2) operating on the public water of this state:
71	71	(A) a vessel powered by a motor with a
72	72	manufacturer's rating of more than 15 [10] horsepower [or more]; or
73	73	(B) a windblown vessel over 14 feet in length.
74	74	(b) A person subject to this section must have in the
75	75	person's possession[:
76	76	[(1)] a photographic identification card[;] and
77	77	either:
78	78	(1) [(2)] a boater identification card issued by the
79	79	department; or
80	80	(2) proof of completion of the requirements to obtain
81	81	a vessel operator's license issued by the United States Coast
82	82	Guard.
83	83	(e) If, on or before the trial of a person charged with an
84	84	offense for failing to possess a document required under Subsection
85	85	(b), the person produces for the court or the prosecuting attorney a
86	86	document required by Subsection (b) that was issued to the person
87	87	and was valid at the time of the offense, the court shall dismiss
88	88	the charge [Upon proof of completion of a boater safety education
89	89	course a court shall dismiss a violation of Subsections (b)(1) and
90	90	(2)].
91	91	(f) A person charged with a Class C Parks and Wildlife Code
92	92	misdemeanor for failing to possess a document required under
93	93	Subsection (b) may make to the court not later than the 10th day
94	94	after the date of the alleged offense an oral or written motion
95	95	requesting permission to take a boater education course approved by
96	96	the department or a vessel operator's licensing course provided by
97	97	the United States Coast Guard. The court shall defer the
98	98	proceedings brought against a person who makes a motion described
99	99	by this subsection and allow the person 90 days to present written
100	100	evidence that the person has successfully completed the course
101	101	approved by the department or provided by the United States Coast
102	102	Guard. If the person successfully completes the course and the
103	103	court accepts the presented evidence, the court shall dismiss the
104	104	charge.
105	105	SECTION 4. Section 31.110, Parks and Wildlife Code, is
106	106	amended to read as follows:
107	107	Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE
108	108	REQUIREMENT; DEFERRAL PROGRAM. (a) A person is not required to
109	109	comply with Section 31.109 if the person:
110	110	(1) holds a master's, mate's, or operator's license
111	111	issued by the United States Coast Guard;
112	112	(2) is supervised by a person who is at least 18 years
113	113	of age and who[:
114	114	[(A)] is otherwise exempt from the requirements
115	115	of Section 31.109 or possesses a boater identification card as
116	116	required by Section 31.109; [and
117	117	[(B) is at least 18 years of age;]
118	118	(3) [is at least 18 years of age;
119	119	[(4)] is not a resident of this state and has proof
120	120	that the person has successfully completed a boater education
121	121	course or equivalency examination in another state that is approved
122	122	by the department;
123	123	(4) is exempt by rule of the commission as a customer
124	124	of a business engaged in renting, showing, demonstrating, or
125	125	testing boats; or
126	126	(5) is exempt by rule of the commission [department].
127	127	(b) For purposes of this section, to be considered to be
128	128	supervising the operator of a watercraft, the person must be on
129	129	board the watercraft when under way.
130	130	(c) The commission by rule shall establish a boater
131	131	education deferral program. The deferral program must be available
132	132	at no cost to boat dealers, manufacturers, and distributors.
133	133	SECTION 5. The changes in law made by this Act apply only to
134	134	an offense committed on or after the effective date of this Act. An
135	135	offense committed before the effective date of this Act is covered
136	136	by the law in effect when the offense was committed, and the former
137	137	law is continued in effect for that purpose. For purposes of this
138	138	section, an offense was committed before the effective date of this
139	139	Act if any element of the offense was committed before that date.
140	140	SECTION 6. This Act takes effect immediately if it receives
141	141	a vote of two-thirds of all the members elected to each house, as
142	142	provided by Section 39, Article III, Texas Constitution. If this
143	143	Act does not receive the vote necessary for immediate effect, this
144	144	Act takes effect September 1, 2011.
145	145	* * * * *