Honorable James U. Cross 

Executive Director 

Opinion No. M-1016 

Texas Parks & Wildlife Dept. Re: Construction of Article 

John H. Reagan Building 1722a, Vernon's Penal 

Austin, Texas 78701 Code, as amended by S.B. 

331, 62nd Leg., R.S. 1971, 

particularly Sec. 7, Subsection (f), pertaining to 

life preservers and other 

approved devices for purDear Mr. Cross: poses of law enforcement. 

Your opinion request to this office concerns the construction of Article 1722a, Section 7, Subsection (f), Vernon'5 

Penal Code, as amended by Senate Bill 331 (Acts 62nd Leg., 

R.S., 1971, ch. 719, p. 2355; but see Footnote 1 below). 

Your two questions are as follows: 

"Are all approved life preservers and other 

approved devices to be c Bnsidered one and the 

same except life belts and rins buoys for the 

purpose of enforcement? 

- - 

"Can we accept all United States Coast Guard 

approved life preservers and other approved devices 

except life belts and rins buovs for 

years of age or under on Class-A and 

boats while underway?" 

passengers 12 

Class 1 motorSection 7, Subsection (f) as amended 

follows: 

reads in part as 

)I 

. . . Provided further, that the operator 

of every Class A and Class 1 motorboat, while 

underway, shall require every passenger 12 years 

1 This S.B. 331 states that it amends Subsection (f), as it was 

last amended by the referenced Act of the 59th Leg. In fact, 

the 62nd Leg. at its Regular Session, (H.B. 605, ch. 971, p. 2928, 

2933) had amended this Subsection shortly prior to the enactment 

of S.B. 331. See Attorney General Opinion No. M-960 (1971). 

.-4958- 
Hon. James U. Cross, page 2 (M-1016) 

of age or under at all times to wear a life preserver of the sort prescribed by the regulations 

of the Commandant of the Coast Guard; and that 

only a life preserver, not a life belt or ring 

buoy, will satisfy this requirement." 

This amendment has validly adopted, by reference, as the 

type of acceptable life preserver, the sort prescribed by the 

Commandant of the Coast Guard. 53 Tex.Jur.Zd 137-139, Statutes, 

Sec. 92. However, the amendment makes an exception to those 

regulations in that it provides: 

I, . . . that only a life preserver, not a 

life belt or ring buoy, will satisfy this requirement." 

You have furnished to us copies of the relevant pages of 

the official Regulations of the United States Coast Guard, and 

copies of two of the official Manuals issued by the United States 

Coast Guard, all of which describe and state the specifications 

for the several classes of lifesaving devices or lifesaving equipment approved by the Commandant of the Coast Guard.2 The 

Regulations and Manuals are complementary and uniform in their 

classifications and descriptions. 

The only type of life preserver authorized by the statute 

is: 

'1. . . the sort prescribed by the regulations of the Commandant of the Coast Guard; . . ." 

2 The Regulations are found in the Code of Federal Regulations, 

Title 46 - Shipping (Rev.Jan. 1, 1971), Chap. 1 - Coast Guard, 

Dept. of Transportation, Subchapter Q - Specifications, Part 160 - 

Lifesaving Equipment. These Manuals are described as No. CG-190, 

entitled Equipment Lists, dated August 1, 1968, and No. CG-340, 

entitled Recreational Boating Guide, dated June, 1966. 

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. 

Hon. James U. Cross, page 3 (M-1016) ~, 

In these regulations, under the heading "Subchapter Q - Specifications, Part 160 - Lifesaving Equipment," are listed several 

types of equipment applicable to passengers on motorboats. Our 

opinion is that only two of these types, which are designated 

life preservers3 and buoyant vests4, meet the requisites of the 

statute, Both of these are attached to the body of the wearer 

by straps and adjusted to a secure and comfortable fit to his 

body. Both will hold the head and face of the wearer above the 

water. The first of these is expressly designated as a life 

preserver; the second denominated a buoyant vest, is expressly 

approved by the regulations for motorboats of Class A and Class 

1 not carrying passengers for hire. None of the other types of 

lifesaving equipment listed in this Subchapter Q, in our opinion, 

meet these requisites of the statute: these are buoys5 (including ring buoys), buoyant cushions.6 

water safety buoyant devices7 

Several special purpose 

are listed but are not sufficiently 

described for us to express an opinion on. Life belts are not 

listed in the regulations and are expressly prohibited by the 

statute. 

Our answer to both of your questions is~ that only the types 

of lifesaving equipment listed in the regulations of the Commandant of the Coast Guard designated as life preservers and buoyant 

vests meet the requisites of the statute. 

SUMMARY 

Only the types of lifesaving equipment listed 

in the regulations of the Commandant of the Coast 

Guard designated as life preservers and buoyant 

vests meet the requisites of Article 1722a, V.P.C., 

as amended by S.B. 331, 62nd Leg., R.S., 1971, ch. 

3Subparts 160.001, 160.002 and 160.005. 

4Subparts 160.047, 160.052 and 160.060. 

5Subparts 160.009 and 160.050. 

6Subparts 160.048 and 160.049. 

7Subpart 160.064. 

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. 

Hon. James [I. Cross, page 4 (M-1016) 

719, p, 2355. 

s very truly, 

C. MARTIN 

GENERAL OF TEXAS 

Prepared by Dunklin Sullivan 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

KERNS TAYLOR, Chairman 

W. E. ALLEN, Co-Chairman 

Ben Harrison 

Dick Chote 

Austin Bray 

Michael Stork 

SAM MCDANIEL 

STAFF LEGAL ASSISTANT 

ALFRED WALKER 

EXECUTIVE ASSISTANT 

NOLA WHITE 

FIRST ASSISTANT 

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