Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,562
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to accurately predict the revenue increase associated with the
proposed rule. Over the previous five fiscal years (FY 2007-FY
2011), between 8,200 and 10,900 persons per year have taken
boater education courses in Texas, with a five-year average of
9,573 persons per year. Not all persons who took boater ed-
ucation courses were required to take the courses in order to
operate a vessel. Also, not all persons who took boater educa-
tion 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% of
the persons who have taken hunter education. Applying that
ratio to the average number of person who have taken boater
education (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. How-
ever, as noted above, it is impossible to accurately predict the
number of persons who will obtain a boater education deferral.
A number 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 year of the first five
years the rule as proposed is in effect, the public benefit antic-
ipated as a result of enforcing or administering the rule as pro-
posed 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 micro-businesses, although businesses that sell or rent mo-
tor boats and personal watercraft could see an indirect posi-
tive since the proposal could result in more persons being eli-
gible to operate vessels. Since the proposed rule does not di-
rectly affect small businesses or micro-businesses, the depart-
ment has determined that the proposed amendment will not im-
pose any direct adverse economic effects on small businesses
or micro-businesses. 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 amendment 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).
The amendment is proposed under the authority of Parks and
Wildlife Code, 31.110, which requires the commission to estab-
lish a boater education deferral program by rule and allows the
commission to exempt from the boater education requirement a
customer of a business engaged in testing, showing, or demon-
strating boats.
The proposed amendment affects Parks and Wildlife Code,
Chapter 31.
51.81. Mandatory Boater Education.
(a) - (g) (No change.)
(h) A person 18 years of age or older may obtain a one-time
deferral from the boater-education requirements of Parks and Wildlife
Code, 31.109, after paying the fee established in 53.50 of this title
(relating to Training and Certification Fees) to the department.
(1) A deferral under this subsection does not authorize any
person to supervise the operation of a vessel by any other person.
(2) A boater education deferral is valid for three consecu-
tive days beginning on the date of purchase and ending at midnight of
the third day following purchase.
(i) A person engaged in showing, testing, or demonstrating
boats under Parks and Wildlife Code, 31.041(d) is exempt from the
boater education course requirement while showing, testing, or demon-
strating a boat.
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-201203631
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 26, 2012
For further information, please call: (512) 389-4775
CHAPTER 53. FINANCE
SUBCHAPTER A. FEES
DIVISION 3. TRAINING AND CERTIFICA-
TION FEES
31 TAC 53.50
The Texas Parks and Wildlife Department (department) pro-
poses an amendment to 53.50, concerning Training and
Certification Fees. The proposed amendment would establish
a fee of $10 for a one-time deferral of boater education course
requirements.37 TexReg 5562 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/m1/44/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.