Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,949
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partment has determined that because of the low accident rate,
customers involved in the show, test, or demonstration of boats
should therefore be exempt from boater education requirements
while engaged in those activities.
The proposed rule requires all persons other than those involved
in the show, test, or demonstration of vessels to either complete
the mandatory boater education course or obtain the one-time
deferral. This includes persons who rent vessels from a vessel
livery. The department has determined, based on water safety
data, that to be consistent with the legislative directive to im-
prove boating safety, it is necessary to require persons who rent
vessels to either have obtained boater education certification or
the one-time boater education deferral. There are 602,729 reg-
istered vessels in Texas, 940 of which are registered as livery
(rental) vessels; therefore, rental vessels comprise .155% of all
registered vessels in the state. Boating safety statistics indicate
that during the period from 2007 to the current time, rented ves-
sels were involved in 263 of 1220 (22%) of reported boating ac-
cidents, 126 of 665 (19%) of reported accident-related injuries,
and 11 of 225 (5%) of boating-accident fatalities. Department
statistics for the last five years also indicate that out of 263 boat-
ing accidents involving rented vessels, only three (1%) involved
operators who had completed a department-approved boating
education class. Although Parks and Wildlife Code, 31.111, re-
quires vessel liveries to provide some safety instruction to cus-
tomers (to include the provisions of the Water Safety Act, the
operational characteristics of the rented vessel, and boating reg-
ulations that apply in the area where the rented or leased vessel
will be operated), the department concludes that requiring per-
sons who rent vessels to either complete a department-approved
boater education class or obtain the proposed deferral would re-
sult in increased water safety. The proposed 15-day duration of
the boater education deferral will cover the period of a standard
two-week vacation and is also consistent with the time frame for
a person to transfer the registration of a boat purchased from a
dealer, distributor, or manufacturer.
Mr. Tim Spice, Boater Education Coordinator, has determined
that for each of the first five years that the rule as proposed is in
effect, there will be fiscal implications to state government as a
result of enforcing or administering the rule. Those implications
will be positive for the state, since the proposed rule in conjunc-
tion with the proposed rulemaking to establish the fee, published
elsewhere in this issue of the Texas Register, requires anyone
who wishes to obtain a boater education deferral to purchase it
at a cost of $10. The $10 fee amount was selected because it
is identical to the fee amount for hunter education deferral pro-
vided in 31 TAC 53.50(b)(2).
Since the boater education deferral program is a new program,
the department is unable to accurately predict the number of per-
sons who will purchase the boater education deferral in each of
the next five years. As a result, the department is unable to accu-
rately predict the revenue increase associated with the proposed
rule. Over the previous five fiscal years (FY7-FY11), between
8,200 and 10,900 persons per year have taken boater educa-
tion courses in Texas, with a five-year average of 9,573 persons
per year. Not all persons who took boater education courses
were required to take the courses in order to operate a vessel.
Also, not all persons who took boater education courses would
be eligible for the deferral.
By comparison, the hunter education deferral has been available
since 2004. During that period, the number of persons who have
obtained the hunter education deferral represents about 34% ofthe persons who have taken hunter education. Applying that ra-
tio to the average number of person who have taken boater ed-
ucation (34% of 9,573), would result in an estimate of 3,255. If
3,255 persons obtain a boater education deferral at a cost of $10
each, the total revenue to the state would be $32,550. However,
as noted above, it is impossible to accurately predict the number
of persons who will obtain a boater education deferral. A num-
ber of factors may also influence this number, including but not
limited to weather conditions.
There will be no fiscal implications for other units of state or local
government.
Mr. Spice also has determined that for each of the first five years
the rule as proposed is in effect, the public benefit anticipated as
a result of enforcing or administering the rule as proposed will be
rules that are in compliance with the requirements of Parks and
Wildlife Code.
There will be an adverse economic effect on persons required to
comply with the rule as proposed; namely, the fee of $10 for the
purchase of a boater education deferral.
Under the provisions of Government Code, Chapter 2006, a
state agency must prepare an economic impact statement and a
regulatory flexibility analysis for a rule that may have an adverse
economic effect on small businesses and micro-businesses. As
required by Government Code, 2006.002(g), the Office of the
Attorney General has prepared guidelines to assist state agen-
cies in determining a proposed rule's potential adverse economic
impact on small businesses. Those guidelines state that an
agency need only consider a proposed rule's "direct adverse
economic impacts" to small businesses and micro-businesses to
determine if any further analysis is required. For that purpose,
the department considers "direct economic impact" to mean a
requirement that would directly impose recordkeeping or report-
ing requirements; impose taxes or fees; result in lost sales or
profits; adversely affect market competition; or require the pur-
chase or modification of equipment or services. The proposal
impacts individuals who may wish to operate a motor boat or
personal water craft, but would not have a direct impact on small
or microbusinesses, although businesses that sell or rent mo-
tor boats and personal watercraft could see an indirect positive
impact since the proposal could result in more persons being
eligible to operate vessels. Since the proposed rule does not
directly affect small businesses or microbusinesses, the depart-
ment has determined that the proposed amendment will not im-
pose any direct adverse economic effects on small businesses
or microbusinesses. Accordingly, the department has not pre-
pared a regulatory flexibility analysis under Government Code,
Chapter 2006. There will be no fiscal implications for persons
required to comply with the rule as proposed.
The department has not drafted a local employment impact
statement under the Administrative Procedure Act, 2001.022,
as the agency has determined that the rule as proposed will not
impact local economies.
The department has determined that there will not be a taking of
private real property, as defined by Government Code, Chapter
2007, as a result of the proposed rule.
Comments on the proposed rules may be submitted to Tim
Spice, Texas Parks and Wildlife Department, 4200 Smith
School Road, Austin, Texas 78744; (512) 389-8141 (e-mail:
tim.spice@tpwd.state.tx.us).PROPOSED RULES October 5, 2012 37 TexReg 7949
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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/m1/135/: accessed June 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.