By: Parker (Senate Sponsor - Harris) H.B. No. 596
(In the Senate - Received from the House April 18, 2011;
April 20, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 17, 2011, reported
favorably by the following vote: Yeas 6, Nays 0; May 17, 2011, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to offenses involving operating a motorboat in a circular
course.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Britteny Sage
Lindt Act.
SECTION 2. The heading to Section 31.099, Parks and
Wildlife Code, is amended to read as follows:
Sec. 31.099. PROHIBITION ON CIRCULAR COURSE AROUND
INDIVIDUALS ENGAGED IN WATER ACTIVITIES [FISHERMAN OR SWIMMER].
SECTION 3. Section 31.099, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) No person may operate a motorboat in a circular course
around:
(1) any other boat or personal watercraft any occupant
of which is engaged in fishing, waterskiing, or a similar activity;
or
(2) [around] any person swimming.
(a-1) Subsection (a) does not apply to a person operating a
motorboat in a circular course to retrieve a downed or fallen
water-skier or other person engaged in a similar activity.
SECTION 4. The change in law made by this Act applies 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 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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