Texas Laws - Parks and Wildlife Code (pg. 98)
Sec. 31.129. Violation and Enforcement Of Sewage Disposal Regulations.

pg. 98

Texas Laws | Parks and Wildlife Code
PARKS AND WILDLIFE CODE
TITLE 4. WATER SAFETY

(b) In justice court cases filed as the result of an arrest by a game warden, the amount to be remitted to the game, fish, and water safety account shall be 85 percent of the fine. In county court cases filed as the result of an arrest by a game warden, the amount to be remitted to the game, fish, and water safety account shall be 80 percent of the fine. All costs of the court shall be retained by the court having jurisdiction of the offense and deposited as other fees in the proper county fund. ⁽³⁵⁵⁴⁾

(c) In court cases filed as the result of an arrest by a marine safety enforcement officer other than a game warden, the amount to be remitted to the game, fish, and water safety account shall be 60 percent of the fine. All costs of the court shall be retained by the court having jurisdiction of the offense and deposited as other fees in the proper county fund. ⁽³⁵⁵⁵⁾

(d) Not less than 50 percent of the amount remitted to the game, fish, and water safety account under Subsection (c) must be used for the administration and enforcement of this chapter. ⁽³⁵⁵⁶⁾

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 39, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1363, Sec. 10, eff. Sept. 1, 1997. ⁽³⁵⁵⁷⁾

Sec. 31.129. VIOLATION AND ENFORCEMENT OF SEWAGE DISPOSAL REGULATIONS. ⁽³⁵⁵⁸⁾(Text)

(a) A person who violates or fails to comply with a rule of the Texas Commission on Environmental Quality concerning the disposal of sewage from boats commits an offense that is a Class C Parks and Wildlife Code misdemeanor. A separate offense is committed each day a violation continues. ⁽³⁵⁵⁹⁾

(b) The enforcement provisions of this subchapter apply to violations punishable by this section. ⁽³⁵⁶⁰⁾

(c) A game warden or peace officer who is certified as a marine safety enforcement officer under Section 31.121 may enforce a rule of the Texas Commission on Environmental Quality concerning the disposal of sewage from boats. ⁽³⁵⁶¹⁾

(d) A marine safety enforcement officer who reasonably suspects that a boat is discharging sewage in an area where discharge is prohibited may, if the owner or operator is aboard, board the boat for the purpose of inspecting the marine sanitation device for proper operation and testing the sanitation and holding devices, including placing a dye tablet in the holding tank. ⁽³⁵⁶²⁾

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 13, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 24, eff. Sept. 1, 1997. ⁽³⁵⁶³⁾

Amended by: ⁽³⁵⁶⁴⁾

Acts 2009, 81st Leg., R.S., Ch. 579 (S.B. 2445), Sec. 3, eff. September 1, 2009. ⁽³⁵⁶⁵⁾

Acts 2009, 81st Leg., R.S., Ch. 579 (S.B. 2445), Sec. 4, eff. September 1, 2009. ⁽³⁵⁶⁶⁾

Sec. 31.130. BOATER EDUCATION COURSE PERMITTED IN LIEU OF FINE. ⁽³⁵⁶⁷⁾(Text)

(a) Except as provided by Section 31.131, this section applies to a person who violates for the first time a provision of this chapter relating to the operation of a vessel. ⁽³⁵⁶⁸⁾

(b) A justice may defer imposition of a fine and place a defendant on probation for a period not to exceed 60 days if the defendant: ⁽³⁵⁶⁹⁾

(1) pleads guilty or nolo contendere or is found guilty; and ⁽³⁵⁷⁰⁾

(2) requests permission from the court to attend a boater education course. ⁽³⁵⁷¹⁾

(c) The justice shall require the defendant to successfully complete a boater education course approved by the department during the probation period. ⁽³⁵⁷²⁾

(d) If the defendant presents satisfactory evidence that the defendant has successfully completed the boater education course, the justice shall waive imposition of a fine. If the defendant fails to successfully complete the boater education course, the justice shall impose a fine for the violation. ⁽³⁵⁷³⁾

Added by Acts 1997, 75th Leg., ch. 1363, Sec. 11, eff. Sept. 1, 1997. ⁽³⁵⁷⁴⁾

Sec. 31.131. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN VIOLATIONS. ⁽³⁵⁷⁵⁾(Text)

(a) A justice shall require a person who is adjudged guilty of an offense resulting from the violation of a provision of Sections 31.094-31.103 or 31.106 to: ⁽³⁵⁷⁶⁾

(1) pay any fine imposed for the violation; and ⁽³⁵⁷⁷⁾

(2) successfully complete a boater education course approved by the department not later than the 90th day after the date the person is adjudged guilty. ⁽³⁵⁷⁸⁾

(b) If the person fails to successfully complete the boater education course, the person commits an offense that is a Class A Parks and Wildlife Code misdemeanor. ⁽³⁵⁷⁹⁾

Added by Acts 1997, 75th Leg., ch. 1363, Sec. 11, eff. Sept. 1, 1997. ⁽³⁵⁸⁰⁾

Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS. ⁽³⁵⁸¹⁾(Text)

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. ⁽³⁵⁸²⁾

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