1 | 1 | | 89R8913 MP-D |
---|
2 | 2 | | By: Cortez H.B. No. 2084 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to personal flotation device requirements for |
---|
10 | 10 | | recreational vessels. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Section 31.066, Parks and Wildlife Code, is |
---|
13 | 13 | | amended to read as follows: |
---|
14 | 14 | | Sec. 31.066. LIFE PRESERVING DEVICES. (a) A motorboat |
---|
15 | 15 | | being operated for a commercial purpose [, including a motorboat |
---|
16 | 16 | | carrying passengers for hire,] must carry at least one wearable |
---|
17 | 17 | | personal flotation device of the sort prescribed by the regulations |
---|
18 | 18 | | of the commandant of the Coast Guard for each person on board, so |
---|
19 | 19 | | placed as to be readily accessible. |
---|
20 | 20 | | (b) The operator of a motorboat less than 26 feet in length |
---|
21 | 21 | | that is being operated for a commercial purpose, while underway, |
---|
22 | 22 | | shall require every passenger under 13 years of age to wear a |
---|
23 | 23 | | wearable personal flotation device of the sort prescribed by the |
---|
24 | 24 | | regulations of the commandant of the Coast Guard. A life belt or |
---|
25 | 25 | | ring buoy does not satisfy this requirement. |
---|
26 | 26 | | (c) A person may not operate a [recreational] vessel 16 feet |
---|
27 | 27 | | or more in length for a recreational purpose unless the vessel is |
---|
28 | 28 | | equipped with[: |
---|
29 | 29 | | [(1) the number of wearable personal flotation devices |
---|
30 | 30 | | required under Subsection (a); and |
---|
31 | 31 | | [(2) additionally,] at least one immediately |
---|
32 | 32 | | accessible Type IV throwable flotation device of the sort |
---|
33 | 33 | | prescribed by the regulations of the commandant of the Coast Guard. |
---|
34 | 34 | | (d) The operator of a vessel being operated for a |
---|
35 | 35 | | recreational purpose and each passenger [A person under 13 years of |
---|
36 | 36 | | age] on board the [a] vessel [described by Section 31.073(a) or (b)] |
---|
37 | 37 | | must wear a wearable personal flotation device of the sort |
---|
38 | 38 | | prescribed by the commandant of the Coast Guard at all times while |
---|
39 | 39 | | the vessel is on the water [under way]. |
---|
40 | 40 | | (e) An adult operator of a vessel described by Subsection |
---|
41 | 41 | | (d) [Section 31.073] may not permit a person under 13 years of age |
---|
42 | 42 | | to be on board the vessel while the vessel is on the water [under |
---|
43 | 43 | | way] if the person under 13 years of age is not wearing a wearable |
---|
44 | 44 | | personal flotation device required by Subsection (d). |
---|
45 | 45 | | SECTION 2. Section 31.127, Parks and Wildlife Code, is |
---|
46 | 46 | | amended by adding Subsection (h) to read as follows: |
---|
47 | 47 | | (h) A person who engages in conduct constituting an offense |
---|
48 | 48 | | under this section involving a violation of Sections 31.066 and |
---|
49 | 49 | | 31.106(a)(1) may be prosecuted under this section for either |
---|
50 | 50 | | violation but not both. |
---|
51 | 51 | | SECTION 3. The change in law made this Act applies only to |
---|
52 | 52 | | an offense committed on or after the effective date of this Act. An |
---|
53 | 53 | | offense committed before the effective date of this Act is governed |
---|
54 | 54 | | by the law in effect on the date the offense was committed, and the |
---|
55 | 55 | | former law is continued in effect for that purpose. For purposes of |
---|
56 | 56 | | this section, an offense was committed before the effective date of |
---|
57 | 57 | | this Act if any element of the offense occurred before that date. |
---|
58 | 58 | | SECTION 4. This Act takes effect September 1, 2025. |
---|