bill requiring life jackets for everyone on recreational boats

The text as introduced · 519 words

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.