Bill Text: TX SB1670 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to required boating incident reports.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1670 Detail]

Download: Texas-2023-SB1670-Enrolled.html

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S.B. No. 1670

AN ACT
relating to required boating incident reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.105, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.105. INCIDENT [ACCIDENT] REPORTS. (a) This
section applies only to an incident that is [The operator of a
vessel involved in] a collision, accident, or other casualty that
results in:
(1) the death of a person;
(2) [or] injury to a person that requires medical
treatment beyond the provision of first aid; or
(3) damage to property in excess of an amount set by
the commission of not less than $2,000.
(b) Not later than the 30th day after the date of an incident
to which this section applies, the operator of a vessel involved in
the incident shall provide [report] to a marine safety enforcement
officer or game warden commissioned by the department [on or before
the expiration of 30 days after the incident] a full description of
the incident [collision, accident, or casualty] in accordance with
regulations established by the department.
(c) A marine safety enforcement officer who in the regular
course of duty investigates an incident to which this section
applies shall electronically file a written report of the incident
with the department:
(1) in a form prescribed by the department; and
(2) not later than the 15th day after the date the
officer initially became aware of the incident [(b) The accident
reports are confidential and are inadmissible in court as
evidence].
(d) [(c)] On request made by an authorized official or
agency of the United States, any information available to the
department under Subsection (b) [(a)] of this section shall be sent
to the official or agency.
SECTION 2. Subchapter D, Chapter 31, Parks and Wildlife
Code, is amended by adding Section 31.1055 to read as follows:
Sec. 31.1055. RELEASE OF INCIDENT REPORTS. (a) This
section applies only to an incident report that is held by the
department or another governmental entity.
(b) In this section:
(1) "Incident" means an incident described by Section
31.105(a).
(2) "Incident report" means a written report required
under Section 31.105(c).
(c) Except as otherwise provided by this section, an
incident report is confidential and for the use of:
(1) the department; and
(2) an authorized official or agency of the United
States or a state or local governmental entity.
(d) On written request, the department or the governmental
entity shall release an incident report to:
(1) an entity described by Subsection (c);
(2) the law enforcement agency that employs the marine
safety enforcement officer who investigated the incident and filed
the incident report with the department, including an agent of the
law enforcement agency authorized by contract to obtain the
information;
(3) the court in which a case involving a person
involved in the incident is pending if the incident report is
subpoenaed; or
(4) a person directly concerned in the incident or
having an interest in the incident as:
(A) a person involved in the incident;
(B) the authorized representative of a person
involved in the incident;
(C) a vessel operator involved in the incident;
(D) an employer, parent, or legal guardian of a
vessel operator involved in the incident;
(E) the owner of a vessel or property damaged in
the incident;
(F) a person who has established financial
responsibility for a vessel involved in the incident, including a
policyholder of a liability insurance policy covering the vessel;
(G) an insurance company that issued an insurance
policy covering a vessel involved in the incident;
(H) an insurance company that issued a policy
covering any person involved in the incident;
(I) a person under contract to provide claims or
underwriting information to a person described by Paragraph (F),
(G), or (H);
(J) a radio or television station that holds a
license issued by the Federal Communications Commission;
(K) a newspaper that is:
(i) a free newspaper of general circulation
or qualified under Section 2051.044, Government Code, to publish
legal notices;
(ii) published at least once a week; and
(iii) available and of interest to the
general public in connection with the dissemination of news; or
(L) a person who may sue because of death
resulting from the incident.
(e) In addition to the information required to be released
under Subsection (d), the department shall publish at least
annually statistics derived from incident reports that relate to
the number, cause, and location of the reported incidents.
(f) The department when releasing information under
Subsection (d)(4)(J) or (K):
(1) may not release the personal identifying
information, as defined by Section 521.002(a), Business & Commerce
Code, of an individual included in an incident report; and
(2) shall withhold or redact:
(A) the address, other than zip code, and
telephone number of a person included in an incident report;
(B) the registration or hull identification
number of a vessel included in an incident report;
(C) the badge number or identification number of
the investigating officer;
(D) the date of death of a person who died as a
result of the incident; and
(E) the location to which a person injured or
killed in the incident was transported or the person that provided
the transportation.
(g) The amount that may be charged for information provided
under Subsection (d) shall be calculated in the manner specified by
Chapter 552, Government Code, for public information provided by a
governmental body under that chapter.
SECTION 3. Section 31.132, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT
OFFICERS. (a) Except as provided by Subsection (b), a [A] marine
safety enforcement officer shall provide to the department on a
form prescribed by the department a report of any incident the
officer investigates that involves a boating accident, water
fatality, or person who allegedly operates a boat while
intoxicated. The officer shall provide the report not later than
the 15th day after the date the officer initially became aware of
the incident.
(b) This section does not apply to an incident that is
required to be reported under Section 31.105(c).
SECTION 4. Section 31.105, Parks and Wildlife Code, as
amended by this Act, applies only to an incident described by
Subsection (a) of that section that occurs on or after the effective
date of this Act.
SECTION 5. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1670 passed the Senate on
April 19, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1670 passed the House on
May 24, 2023, by the following vote: Yeas 109, Nays 29, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor