Honorable James U. Cross

Executive Director OpinionNo. 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 lifepreservers and other approveddevices 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 amendedby Senate Bill 331 (Acts62nd Leg., R.S., 1971, ch. 719,p. 2355; but see Footnote 1 below). Your two questions are as follows: "Are all approved lifepreservers and other approveddevices to be cBnsideredone and the same except life belts and rins buoys for the purpose of enforcement? - - "Canwe accept all United States Coast Guard approved lifepreservers and other approved devices except lifebelts and rins buovs for years of age or under on Class-A and boatswhile underway?" passengers 12 Class 1 motorSection 7, Subsection (f)as amended follows: reads in part as

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. . . Provided further, that the operator of every Class A and Class 1motorboat,while underway, shall require every passenger 12 years
1 This S.B. 331 states that it amends Subsection (f),as it was last amendedby the referencedAct 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 shortlyprior 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 towear a lifepreserver of the sort prescribedby the regulations of the Commandant of the Coast Guard; and that only a lifepreserver, not a lifebelt or ring buoy, will satisfy this requirement." This amendmenthas validly adopted, by reference, as the type of acceptable lifepreserver, the sort prescribedby the Commandant of the Coast Guard. 53 Tex.Jur.Zd 137-139, Statutes, Sec. 92. However, the amendmentmakes an exception to those regulations in that it provides:

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. . . that only a life preserver, not a lifebelt or ring buoy, will satisfy this requirement." You have furnished to us copies of the relevantpages of the official Regulationsof 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 lifesavingdevices or lifesavingequipment approvedby the Commandant of the Coast Guard.2 The Regulations and Manuals are complementary and uniform in their classificationsand descriptions. The only type of lifepreserver authorizedby the statute is: '1.
. . the sort prescribedby 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, datedAugust 1, 1968, and No. CG-340, entitled RecreationalBoating Guide, dated June, 1966.

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

In these regulations,under the heading "SubchapterQ - 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 lifepreservers3 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 approvedby the regulations formotorboats of Class A and Class 1 not carryingpassengers for hire. None of the other types of lifesavingequipment listed in this SubchapterQ, 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 listedbut are not sufficiently described for us to express an opinion on. Life belts are not listed in the regulations and are expresslyprohibited by the statute. Our answer to both of your questions is~that only the types of lifesavingequipment listed in the regulationsof 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 regulationsof the Commandant of the Coast Guard designated as life preservers and buoyant vests meet the requisites of Article 1722a,V.P.C., as amendedby S.B. 331, 62nd Leg., R.S., 1971, ch.
3Subparts 160.001, 160.002 and 160.005. 4Subparts 160.047, 160.052and 160.060. 5Subparts 160.009 and 160.050. 6Subparts 160.048and 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 LEGALASSISTANT ALFRED WALKER EXECUTIVEASSISTANT NOLA WHITE FIRSTASSISTANT

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