Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,948
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In 2009 the 81st Texas Legislature enacted H.B. 3108, which
mandated the creation of an advisory panel to "study the current
state of recreation safety on public waters in Texas and to make
recommendations to the governor, the lieutenant governor, and
the speaker of the house of representatives for improving safety."
In 2010 the advisory panel submitted the required report. In this
report, the panel found, among other things, that watercraft op-
erator education will help to better prepare the operator to have a
safe and successful experience on the water, that education will
improve the safety of all passengers in the craft, and that with
a more educated operator, passengers will be more directed to
safety by the informed operator. The panel also recommended
that the legislature "continue the current Texas mandatory pro-
gram," but "remove the 18 years of age exemption" and "reset
the born-on-date to September 1, 1993, which permits an ongo-
ing phase-in corresponding to the current 17-year-old cap, and
avoids significant state expenditures to catch up previously ex-
empted age groups." In addition, the panel recommended that
the legislature grant authority to the department to "establish an
integrated temporary free deferral program for liveries, new boat
sales, and dealer business purposes (show, demonstrate, and
test) ."
Following the submission of the interim report, the 82nd Texas
Legislature in 2011 enacted H.B. 1395, which amended several
provisions of the Water Safety Act. Section 31.109, as amended
by H.B. 1395, provides that no person born on or after Septem-
ber 1, 1993 may operate a personal watercraft or motorboat pow-
ered by a motor of greater than 15 horsepower, or a windblown
vessel over 14 feet in length on public waters unless that per-
son possesses evidence of successful completion of a boater
education course approved by the department or "proof of com-
pletion of the requirements to obtain a vessel operator's license
issued by the United States Coast Guard." H.B. 1395 also elimi-
nated the exemption from the boater education requirements for
persons who are at least 18 years of age. Persons born prior
to September 1, 1993 (generally persons who are older than 19
year of age as of September 1, 2012) would not be subject to
the boater education requirements of 31.110.
H.B. 1395 also amended 31.110 to list five situations in which a
person who would otherwise be subject to the mandatory boater
education requirement is not required to comply with the manda-
tory boater education requirements of 31.109. Two of the five
situations in which a person is exempt from the boater education
requirements apply only if authorized by a rule enacted by the
Texas Parks and Wildlife Commission (the Commission). Specif-
ically, a person may be exempt from the boater education re-
quirements if that person is exempt by rules of the commission as
a customer of a business engaged in renting, showing, demon-
strating, or testing boats, or if that person is otherwise exempt
by rule of the commission.
H.B. 1395 also amended 31.110 to require the department by
rule to establish a boater education deferral program. The boater
education deferral program must be available at no cost to boat
dealers, manufacturers, and distributors. Therefore, the pro-
posed rules establish a deferral program and a temporary ex-
emption from the boater education requirements for persons who
have obtained the boater education deferral, and provide an ex-
emption for persons engaged in showing, testing, or demonstrat-
ing a boat, which will result in an exemption for boat dealers,
manufacturers, and distributors.
The proposed amendment would establish a one-time, 15-con-
secutive-day (from the day of purchase through midnight of thefifteenth day following purchase) deferral of the boater educa-
tion requirements of Parks and Wildlife Code, 31.109 (regard-
ing mandatory boater education), available for a fee of $10, to
persons who are 18 years of age or older. The proposed rule-
making to establish the fee is published elsewhere in this issue
of the Texas Register. The department intends to make the de-
ferral available for purchase through the department's license
sales system. As a result, a deferral could be purchased at any
of approximately 1,700 locations statewide or through the TPWD
website (www.tpwd.state.tx.us). In addition, a deferral could be
purchased by telephone during business hours or at any time via
the department's website.
In developing the proposed rule, the department considered that
the word "deferral" means a delay or postponement, as opposed
to an exemption. The panel recommendation also referenced a
"temporary" deferral program. In addition, the department con-
sidered that the purpose of boater education is to make pub-
lic waters safer for all persons who use them. On that basis,
the department is proposing a boater education deferral that is a
one-time opportunity that will extend for no more than 15 days.
The proposal is designed to provide a deferral program while
also preserving the public safety benefits of boater education.
The proposed amendment would make the deferral available
only to persons who are 18 years of age or older. The age re-
quirement is intended to provide for a minimum level of maturity
for persons who obtain the boater education deferral. A person
who is 18 years of age is considered an adult for most purposes.
Additionally, the proposed amendment would prohibit a person
who has purchased a boater-education deferral from supervising
the operation of a vessel by another person. Under Parks and
Wildlife Code, 31.110(2), a person who meets certain criteria
may supervise another person who has not completed boater
education. The department does not believe that a person who
is required to complete boater education, but is authorized to
operate a vessel as a result of the deferral, should be allowed to
supervise another operator.
The proposed amendment also provides an exception from the
mandatory boater education requirement for persons on a vessel
that is being shown, tested, or demonstrated under a dealer's,
distributor's, or manufacturer's license. As noted above, Parks
and Wildlife Code, 31.110(a)(4) provides that a person may
be exempt from the boater education requirements if that per-
son is exempt by rule of the commission as a customer of a
business engaged in renting, showing, demonstrating, or test-
ing boats. Under the proposed rule, a person who is renting a
boat would not be exempt from the boater education require-
ments, but would be able to purchase a deferral. However, un-
der the proposed rule, a person who is a customer of a business
engaged in showing, demonstrating, or testing boats would be
exempt from the mandatory boater education requirements.
Parks and Wildlife Code, 31.041(d) provides for the use of the
license of a boat dealer, distributor and/or manufacturer when
showing, demonstrating or testing a boat. Since a customer of
a business who is showing, testing or demonstrating a boat is
generally under the supervision of a representative of the dealer,
distributor or manufacturer, there are fewer safety concerns. De-
partment boating accident records indicate that during the period
from 2007 to the current time, there were 12 accidents involving
vessels with an "AA" registration. (Vessels being shown, tested,
or demonstrated have a special registration, which is also valid
for 15 days following the sale of a vessel by a dealer.) These
12 accidents resulted in 13 injuries and one fatality. The de-37 TexReg 7948 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/134/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.