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AN ACT
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relating to the requirements to operate personal watercraft and |
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certain boats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.106(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) No person shall operate a personal watercraft in the |
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following manner or under the following circumstances: |
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(1) unless each person riding on or towed behind the |
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vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V |
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personal flotation device; |
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(2) if the vessel is equipped by the manufacturer with |
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a lanyard type engine cutoff switch, unless such lanyard is |
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attached to the person, clothing, or personal flotation device of |
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the operator as appropriate for the vessel involved; |
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(3) during the period between sunset and sunrise; |
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(4) within 50 feet of any other vessel, person, |
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stationary platform or other object, or shore, except at headway |
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speed; |
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(5) if the operator is under 13 [16] years of age |
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unless the operator is supervised by another person who: |
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(A) is at least 18 years of age; |
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(B) can lawfully operate the watercraft; and |
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(C) is on board the watercraft when under way[,
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unless the operator:
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[(A)
is accompanied by a person at least 18 years
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of age; or
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[(B)
is at least 13 years of age and has
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successfully completed a boating safety course prescribed and
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approved by the department]; |
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(6) if the personal watercraft is a motorboat, within |
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any area prohibited for operation of a motorboat by state law or |
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local rule or regulation; |
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(7) while towing water skis, an aquaplane, a |
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surfboard, a tube, or any other similar device, unless the towing |
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vessel is designed to carry on board a minimum of two persons; |
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(8) by jumping the wake of another vessel recklessly |
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or unnecessarily close to that vessel; or |
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(9) in a manner that requires the operator to swerve at |
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the last possible moment to avoid collision. |
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SECTION 2. Section 31.107, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.107. OPERATION OF MOTORBOAT. No person may operate |
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a motorboat powered by a motor with a manufacturer's rating of more |
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than [over] 15 horsepower on the public waters of this state unless |
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the person is [16 years of age or older or:
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[(1)
is accompanied by a person (18) years of age or
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older; or
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[(2) is] at least 13 years of age or is supervised by |
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another person who: |
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(1) is at least 18 years of age; |
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(2) can lawfully operate the motorboat; and |
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(3) is on board the motorboat when under way [and has
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successfully passed a boating safety course prescribed and approved
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by the department]. |
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SECTION 3. Section 31.109, Parks and Wildlife Code, is |
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amended by amending Subsections (a), (b), and (e) and adding |
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Subsection (f) to read as follows: |
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(a) This section applies only to a person who is: |
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(1) born on or after September 1, 1993 [1984]; and |
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(2) operating on the public water of this state: |
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(A) a vessel powered by a motor with a |
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manufacturer's rating of more than 15 [10] horsepower [or more]; or |
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(B) a windblown vessel over 14 feet in length. |
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(b) A person subject to this section must have in the |
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person's possession[:
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[(1)] a photographic identification card[;] and |
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either: |
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(1) [(2)] a boater identification card issued by the |
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department; or |
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(2) proof of completion of the requirements to obtain |
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a vessel operator's license issued by the United States Coast |
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Guard. |
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(e) If, on or before the trial of a person charged with an |
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offense for failing to possess a document required under Subsection |
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(b), the person produces for the court or the prosecuting attorney a |
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document required by Subsection (b) that was issued to the person |
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and was valid at the time of the offense, the court shall dismiss |
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the charge [Upon proof of completion of a boater safety education
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course a court shall dismiss a violation of Subsections (b)(1) and
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(2)]. |
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(f) A person charged with a Class C Parks and Wildlife Code |
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misdemeanor for failing to possess a document required under |
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Subsection (b) may make to the court not later than the 10th day |
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after the date of the alleged offense an oral or written motion |
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requesting permission to take a boater education course approved by |
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the department or a vessel operator's licensing course provided by |
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the United States Coast Guard. The court shall defer the |
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proceedings brought against a person who makes a motion described |
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by this subsection and allow the person 90 days to present written |
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evidence that the person has successfully completed the course |
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approved by the department or provided by the United States Coast |
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Guard. If the person successfully completes the course and the |
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court accepts the presented evidence, the court shall dismiss the |
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charge. |
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SECTION 4. Section 31.110, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.110. EXEMPTION FROM BOATER EDUCATION COURSE |
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REQUIREMENT; DEFERRAL PROGRAM. (a) A person is not required to |
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comply with Section 31.109 if the person: |
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(1) holds a master's, mate's, or operator's license |
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issued by the United States Coast Guard; |
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(2) is supervised by a person who is at least 18 years |
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of age and who[:
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[(A)] is otherwise exempt from the requirements |
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of Section 31.109 or possesses a boater identification card as |
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required by Section 31.109; [and
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[(B) is at least 18 years of age;] |
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(3) [is at least 18 years of age;
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[(4)] is not a resident of this state and has proof |
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that the person has successfully completed a boater education |
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course or equivalency examination in another state that is approved |
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by the department; |
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(4) is exempt by rule of the commission as a customer |
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of a business engaged in renting, showing, demonstrating, or |
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testing boats; or |
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(5) is exempt by rule of the commission [department]. |
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(b) For purposes of this section, to be considered to be |
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supervising the operator of a watercraft, the person must be on |
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board the watercraft when under way. |
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(c) The commission by rule shall establish a boater |
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education deferral program. The deferral program must be available |
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at no cost to boat dealers, manufacturers, and distributors. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 6. 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. 1395 was passed by the House on May 4, |
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2011, by the following vote: Yeas 134, Nays 7, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1395 was passed by the Senate on May |
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20, 2011, by the following vote: Yeas 31, Nays 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 |