89R8913 MP-D
By: Cortez H.B. No. 2084
A BILL TO BE ENTITLED
AN ACT
relating to personal flotation device requirements for
recreational vessels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.066, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.066. LIFE PRESERVING DEVICES. (a) A motorboat
being operated for a commercial purpose [, including a motorboat
carrying passengers for hire,] must carry at least one wearable
personal flotation 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) The operator of a motorboat less than 26 feet in length
that is being operated for a commercial purpose, while underway,
shall require every passenger under 13 years of age to wear a
wearable personal flotation device 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 for a recreational purpose 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) The operator of a vessel being operated for a
recreational purpose and each passenger [A person under 13 years of
age] on board the [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 at all times while
the vessel is on the water [under way].
(e) An adult operator of a vessel described by Subsection
(d) [Section 31.073] may not permit a person under 13 years of age
to be on board the vessel while the vessel is on the water [under
way] if the person under 13 years of age is not wearing a wearable
personal flotation device required by Subsection (d).
SECTION 2. Section 31.127, Parks and Wildlife Code, is
amended by adding Subsection (h) to read as follows:
(h) A person who engages in conduct constituting an offense
under this section involving a violation of Sections 31.066 and
31.106(a)(1) may be prosecuted under this section for either
violation but not both.
SECTION 3. The change in law made 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 governed
by the law in effect on the date 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 occurred before that date.
SECTION 4. This Act takes effect September 1, 2025.