Texas 2025 - 89th Regular

Texas House Bill HB2084 Compare Versions

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11 89R8913 MP-D
22 By: Cortez H.B. No. 2084
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to personal flotation device requirements for
1010 recreational vessels.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 31.066, Parks and Wildlife Code, is
1313 amended to read as follows:
1414 Sec. 31.066. LIFE PRESERVING DEVICES. (a) A motorboat
1515 being operated for a commercial purpose [, including a motorboat
1616 carrying passengers for hire,] must carry at least one wearable
1717 personal flotation device of the sort prescribed by the regulations
1818 of the commandant of the Coast Guard for each person on board, so
1919 placed as to be readily accessible.
2020 (b) The operator of a motorboat less than 26 feet in length
2121 that is being operated for a commercial purpose, while underway,
2222 shall require every passenger under 13 years of age to wear a
2323 wearable personal flotation device of the sort prescribed by the
2424 regulations of the commandant of the Coast Guard. A life belt or
2525 ring buoy does not satisfy this requirement.
2626 (c) A person may not operate a [recreational] vessel 16 feet
2727 or more in length for a recreational purpose unless the vessel is
2828 equipped with[:
2929 [(1) the number of wearable personal flotation devices
3030 required under Subsection (a); and
3131 [(2) additionally,] at least one immediately
3232 accessible Type IV throwable flotation device of the sort
3333 prescribed by the regulations of the commandant of the Coast Guard.
3434 (d) The operator of a vessel being operated for a
3535 recreational purpose and each passenger [A person under 13 years of
3636 age] on board the [a] vessel [described by Section 31.073(a) or (b)]
3737 must wear a wearable personal flotation device of the sort
3838 prescribed by the commandant of the Coast Guard at all times while
3939 the vessel is on the water [under way].
4040 (e) An adult operator of a vessel described by Subsection
4141 (d) [Section 31.073] may not permit a person under 13 years of age
4242 to be on board the vessel while the vessel is on the water [under
4343 way] if the person under 13 years of age is not wearing a wearable
4444 personal flotation device required by Subsection (d).
4545 SECTION 2. Section 31.127, Parks and Wildlife Code, is
4646 amended by adding Subsection (h) to read as follows:
4747 (h) A person who engages in conduct constituting an offense
4848 under this section involving a violation of Sections 31.066 and
4949 31.106(a)(1) may be prosecuted under this section for either
5050 violation but not both.
5151 SECTION 3. The change in law made this Act applies only to
5252 an offense committed on or after the effective date of this Act. An
5353 offense committed before the effective date of this Act is governed
5454 by the law in effect on the date the offense was committed, and the
5555 former law is continued in effect for that purpose. For purposes of
5656 this section, an offense was committed before the effective date of
5757 this Act if any element of the offense occurred before that date.
5858 SECTION 4. This Act takes effect September 1, 2025.