HB2084 - Relating to personal flotation device requirements for recreational vessels.

  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.