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AN ACT
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relating to life preserving devices on recreational vessels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.003, Parks and Wildlife Code, is |
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amended by adding Subdivision (17) to read as follows: |
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(17) "Coast Guard" means the United States Coast |
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Guard. |
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SECTION 2. Section 31.066, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.066. LIFE PRESERVING DEVICES. (a) A motorboat, |
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including a motorboat carrying passengers for hire, must carry |
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[have] at least one wearable personal flotation [life preserver,
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life belt, ring buoy, or other] device of the sort prescribed by the |
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regulations of the commandant of the Coast Guard for each person on |
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board, so placed as to be readily accessible. |
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(b) [A motorboat carrying passengers for hire must have a
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readily accessible life preserver of the sort prescribed by the
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regulations of the commandant of the Coast Guard for each person on
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board.
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[(c)] The operator of a [class A or class 1] motorboat less |
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than 26 feet in length, while underway, shall require every |
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passenger under 13 years of age to wear a wearable personal |
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flotation device [life preserver] of the sort prescribed by the |
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regulations of the commandant of the Coast Guard. A life belt or |
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ring buoy does not satisfy this requirement. |
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(c) A person may not operate a recreational vessel 16 feet |
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or more in length unless the vessel is equipped with: |
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(1) the number of wearable personal flotation devices |
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required under Subsection (a); and |
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(2) additionally, at least one immediately accessible |
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Type IV throwable flotation device of the sort prescribed by the |
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regulations of the commandant of the Coast Guard. |
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(d) A person under 13 years of age on board a vessel |
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described by Section 31.073(a) or (b) must wear a wearable personal |
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flotation device of the sort prescribed by the commandant of the |
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Coast Guard while the vessel is under way. |
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(e) An adult operator of a vessel described by Section |
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31.073 may not permit a person under 13 years of age to be on board |
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the vessel while the vessel is under way if the person under 13 |
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years of age is not wearing a wearable personal flotation device |
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required by Subsection (d). |
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SECTION 3. The heading to Section 31.073, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 31.073. CANOES, PUNTS, ROWBOATS, SAILBOATS, RUBBER |
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RAFTS, RACING SHELLS, ROWING SCULLS, [AND RACING] KAYAKS, AND OTHER |
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PADDLE CRAFT; EQUIPMENT EXEMPTIONS. |
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SECTION 4. Section 31.073, Parks and Wildlife Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-1) to read as follows: |
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(a) All canoes, kayaks, punts, rowboats, sailboats, [and] |
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rubber rafts, and other paddle craft when paddled, poled, oared, or |
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windblown are exempt from all safety equipment requirements except |
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each vessel must have the following: |
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(1) one Coast Guard approved wearable personal |
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flotation [lifesaving] device for each person aboard; and |
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(2) the lights prescribed by the commandant of the |
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Coast Guard for [class A] vessels and required under Section |
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31.064. |
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(a-1) Notwithstanding Subsection (a), a vessel described by |
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that subsection, except a canoe or kayak, that is 16 feet or more in |
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length must be equipped with at least one Type IV personal flotation |
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device of the sort prescribed by the regulations of the commandant |
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of the Coast Guard. |
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(b) Racing shells, rowing sculls, and racing kayaks while |
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participating in or practicing for an officially sanctioned race |
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are exempt from all safety equipment requirements except the lights |
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prescribed by the commandant of the Coast Guard for [class A] |
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vessels and required under Section 31.064. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 308 was passed by the House on April |
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7, 2011, by the following vote: Yeas 140, Nays 4, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 308 on May 25, 2011, by the following vote: Yeas 145, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 308 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |