H.B. No. 1395
 
 
 
 
AN ACT
  relating to the requirements to operate personal watercraft and
  certain boats.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.106(a), Parks and Wildlife Code, is
  amended to read as follows:
         (a)  No person shall operate a personal watercraft in the
  following manner or under the following circumstances:
               (1)  unless each person riding on or towed behind the
  vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V
  personal flotation device;
               (2)  if the vessel is equipped by the manufacturer with
  a lanyard type engine cutoff switch, unless such lanyard is
  attached to the person, clothing, or personal flotation device of
  the operator as appropriate for the vessel involved;
               (3)  during the period between sunset and sunrise;
               (4)  within 50 feet of any other vessel, person,
  stationary platform or other object, or shore, except at headway
  speed;
               (5)  if the operator is under 13 [16] years of age
  unless the operator is supervised by another person who:
                     (A)  is at least 18 years of age;
                     (B)  can lawfully operate the watercraft; and
                     (C)  is on board the watercraft when under way[,
  unless the operator:
                     [(A)     is accompanied by a person at least 18 years
  of age; or
                     [(B)     is at least 13 years of age and has
  successfully completed a boating safety course prescribed and
  approved by the department];
               (6)  if the personal watercraft is a motorboat, within
  any area prohibited for operation of a motorboat by state law or
  local rule or regulation;
               (7)  while towing water skis, an aquaplane, a
  surfboard, a tube, or any other similar device, unless the towing
  vessel is designed to carry on board a minimum of two persons;
               (8)  by jumping the wake of another vessel recklessly
  or unnecessarily close to that vessel; or
               (9)  in a manner that requires the operator to swerve at
  the last possible moment to avoid collision.
         SECTION 2.  Section 31.107, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 31.107.  OPERATION OF MOTORBOAT. No person may operate
  a motorboat powered by a motor with a manufacturer's rating of more
  than [over] 15 horsepower on the public waters of this state unless
  the person is [16 years of age or older or:
               [(1)     is accompanied by a person (18) years of age or
  older; or
               [(2)  is] at least 13 years of age or is supervised by
  another person who:
               (1)  is at least 18 years of age;
               (2)  can lawfully operate the motorboat; and
               (3)  is on board the motorboat when under way [and has
  successfully passed a boating safety course prescribed and approved
  by the department].
         SECTION 3.  Section 31.109, Parks and Wildlife Code, is
  amended by amending Subsections (a), (b), and (e) and adding
  Subsection (f) to read as follows:
         (a)  This section applies only to a person who is:
               (1)  born on or after September 1, 1993 [1984]; and
               (2)  operating on the public water of this state:
                     (A)  a vessel powered by a motor with a
  manufacturer's rating of more than 15 [10] horsepower [or more]; or
                     (B)  a windblown vessel over 14 feet in length.
         (b)  A person subject to this section must have in the
  person's possession[:
               [(1)]  a photographic identification card[;] and
  either:
               (1) [(2)]  a boater identification card issued by the
  department; or
               (2)  proof of completion of the requirements to obtain
  a vessel operator's license issued by the United States Coast
  Guard.
         (e)  If, on or before the trial of a person charged with an
  offense for failing to possess a document required under Subsection
  (b), the person produces for the court or the prosecuting attorney a
  document required by Subsection (b) that was issued to the person
  and was valid at the time of the offense, the court shall dismiss
  the charge [Upon proof of completion of a boater safety education
  course a court shall dismiss a violation of Subsections (b)(1) and
  (2)].
         (f)  A person charged with a Class C Parks and Wildlife Code
  misdemeanor for failing to possess a document required under
  Subsection (b) may make to the court not later than the 10th day
  after the date of the alleged offense an oral or written motion
  requesting permission to take a boater education course approved by
  the department or a vessel operator's licensing course provided by
  the United States Coast Guard.  The court shall defer the
  proceedings brought against a person who makes a motion described
  by this subsection and allow the person 90 days to present written
  evidence that the person has successfully completed the course
  approved by the department or provided by the United States Coast
  Guard. If the person successfully completes the course and the
  court accepts the presented evidence, the court shall dismiss the
  charge.
         SECTION 4.  Section 31.110, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 31.110.  EXEMPTION FROM BOATER EDUCATION COURSE
  REQUIREMENT; DEFERRAL PROGRAM. (a)  A person is not required to
  comply with Section 31.109 if the person:
               (1)  holds a master's, mate's, or operator's license
  issued by the United States Coast Guard;
               (2)  is supervised by a person who is at least 18 years
  of age and who[:
                     [(A)]  is otherwise exempt from the requirements
  of Section 31.109 or possesses a boater identification card as
  required by Section 31.109; [and
                     [(B)  is at least 18 years of age;]
               (3)  [is at least 18 years of age;
               [(4)]  is not a resident of this state and has proof
  that the person has successfully completed a boater education
  course or equivalency examination in another state that is approved
  by the department;
               (4)  is exempt by rule of the commission as a customer
  of a business engaged in renting, showing, demonstrating, or
  testing boats; or
               (5)  is exempt by rule of the commission [department].
         (b)  For purposes of this section, to be considered to be
  supervising the operator of a watercraft, the person must be on
  board the watercraft when under way.
         (c)  The commission by rule shall establish a boater
  education deferral program.  The deferral program must be available
  at no cost to boat dealers, manufacturers, and distributors.
         SECTION 5.  The changes in law made by this Act apply 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 covered
  by the law in effect when 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 was committed before that date.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1395 was passed by the House on May 4,
  2011, by the following vote:  Yeas 134, Nays 7, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1395 was passed by the Senate on May
  20, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor