Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,560
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(F) The requestor may request to reschedule the sched-
uled date of the ISC for good cause shown, in writing, as determined by
an attorney from the division's office of general counsel. Good cause
means circumstances beyond the control of the requestor that reason-
ably prevent the requestor from attending the ISC and requesting that
the ISC be rescheduled any sooner.
(G) If a requestor fails to attend an ISC as scheduled,
the requestor forfeits his right to an ISC, but it does not preclude the
requestor from discussing the requestor's case with the medical advisor
as set forth in paragraph (3) of this subsection, from entering into a
Consent Order with the division, or from defending an enforcement
case at the State Office of Administrative Hearings.
(b) A person subject to a medical case review must:
(1) provide records and information requested from the of-
fice of the medical advisor in the format and manner specified by the
division;
(2) provide the records and information within the time pe-
riod specified in the request; and
(3) attach an accurate and completed business records affi-
davit to the request for records and information.
180.78. Effective Date.
This subchapter is effective on January 1, 2013. Existing members of
the MQRP on that date shall continue to serve through the terms of
their contracts. New terms of membership after January 1, 2013 shall
be established through the process in this subchapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 16, 2012.
TRD-201203621
Marisa Lopez-Wagley
Assistant General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Earliest possible date of adoption: August 26, 2012
For further information, please call: (512) 804-4703
TITLE 31. NATURAL RESOURCES AND
CONSERVATION
PART 2. TEXAS PARKS AND
WILDLIFE DEPARTMENT
CHAPTER 51. EXECUTIVE
SUBCHAPTER D. EDUCATION
31 TAC 51.81
The Texas Parks and Wildlife Department (department) pro-
poses an amendment to 51.81, concerning Mandatory Boater
Education.
In 1997, the 75th Texas Legislature enacted House Bill (HB) 966,
which amended Parks and Wildlife Code, Chapter 31 (commonly
referred to as the Texas Water Safety Act) by adding 31.109,
which required all boat operators born after September 1, 1984
to successfully complete an approved boater education course
before operating certain vessels (vessels powered by a motor
of 10 horsepower or more; windblown vessels of over 14 feetin length, personal watercraft) on public waters. HB 966 also
amended the Water Safety Act by adding 31.110, which stipu-
lated that a person is not required to comply with the mandatory
boater education requirements of 31.109 if, among other things,
that person is at least 18 years of age or was exempt by rule of
the commission.
In 2009 the 81 st Texas Legislature enacted HB 3108, which man-
dated the creation of an advisory panel to "study the current state
of recreation safety on public waters in Texas and to make rec-
ommendations 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 HB 1395, which amended several
provisions of the Water Safety Act. Section 31.109, as amended
by HB 1395, provides that, no person born on or after September
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 person
possesses evidence of successful completion of a boater educa-
tion course approved by the department or "proof of completion
of the requirements to obtain a vessel operator's license issued
by the United States Coast Guard." HB 1395 also eliminated the
exemption from the boater education requirements for persons
who are at least 18 years of age. Persons born prior to Septem-
ber 1, 1993 (generally persons who are older than 19 year of age
as of September 1, 2012), would not be subject to the boater ed-
ucation requirements of 31.110.
HB 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). Specifi-
cally, a person may be exempt from the boater education require-
ments 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.
HB 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 propose
amendment establishes a deferral program and a temporary ex-
emption from the boater education requirements for persons who37 TexReg 5560 July 27, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/42/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.