By: Menendez (Senate Sponsor - Watson) H.B. No. 308
(In the Senate - Received from the House April 11, 2011;
April 20, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 17, 2011, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 6, Nays 0; May 17, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 308 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to life preserving devices on recreational vessels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.003, Parks and Wildlife Code, is
amended by adding Subdivision (17) to read as follows:
(17) "Coast Guard" means the United States Coast
Guard.
SECTION 2. Section 31.066, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.066. LIFE PRESERVING DEVICES. (a) A motorboat,
including a motorboat carrying passengers for hire, must carry
[have] at least one wearable personal flotation [life preserver,
life belt, ring buoy, or other] device of the sort prescribed by the
regulations of the commandant of the Coast Guard for each person on
board, so placed as to be readily accessible.
(b) [A motorboat carrying passengers for hire must have a
readily accessible life preserver of the sort prescribed by the
regulations of the commandant of the Coast Guard for each person on
board.
[(c)] The operator of a [class A or class 1] motorboat less
than 26 feet in length, while underway, shall require every
passenger under 13 years of age to wear a wearable personal
flotation device [life preserver] of the sort prescribed by the
regulations of the commandant of the Coast Guard. A life belt or
ring buoy does not satisfy this requirement.
(c) A person may not operate a recreational vessel 16 feet
or more in length unless the vessel is equipped with:
(1) the number of wearable personal flotation devices
required under Subsection (a); and
(2) additionally, at least one immediately accessible
Type IV throwable flotation device of the sort prescribed by the
regulations of the commandant of the Coast Guard.
(d) A person under 13 years of age on board a vessel
described by Section 31.073(a) or (b) must wear a wearable personal
flotation device of the sort prescribed by the commandant of the
Coast Guard while the vessel is under way.
(e) An adult operator of a vessel described by Section
31.073 may not permit a person under 13 years of age to be on board
the vessel while the vessel is under way if the person under 13
years of age is not wearing a wearable personal flotation device
required by Subsection (d).
SECTION 3. The heading to Section 31.073, Parks and
Wildlife Code, is amended to read as follows:
Sec. 31.073. CANOES, PUNTS, ROWBOATS, SAILBOATS, RUBBER
RAFTS, RACING SHELLS, ROWING SCULLS, [AND RACING] KAYAKS, AND OTHER
PADDLE CRAFT; EQUIPMENT EXEMPTIONS.
SECTION 4. Section 31.073, Parks and Wildlife Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) All canoes, kayaks, punts, rowboats, sailboats, [and]
rubber rafts, and other paddle craft when paddled, poled, oared, or
windblown are exempt from all safety equipment requirements except
each vessel must have the following:
(1) one Coast Guard approved wearable personal
flotation [lifesaving] device for each person aboard; and
(2) the lights prescribed by the commandant of the
Coast Guard for [class A] vessels and required under Section
31.064.
(a-1) Notwithstanding Subsection (a), a vessel described by
that subsection, except a canoe or kayak, that is 16 feet or more in
length must be equipped with at least one Type IV personal flotation
device of the sort prescribed by the regulations of the commandant
of the Coast Guard.
(b) Racing shells, rowing sculls, and racing kayaks while
participating in or practicing for an officially sanctioned race
are exempt from all safety equipment requirements except the lights
prescribed by the commandant of the Coast Guard for [class A]
vessels and required under Section 31.064.
SECTION 5. 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.
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