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Area Coordinator: John Van Dinter, N-LAW |
State Liaison: Charles Maricle |
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Texas Coast Guard Auxiliary District: 8CR Coast Guard District: 8th
First Quarter Report, 2008:
The Texas legislature is not in session at this time.
Texas Parks and Wildlife announced their 2008 Safe Boating Week plans and requested that CG-Aux support their efforts.
Texas Parks and Wildlife officially requested CG-Aux involvement in the training and observation of their officers conducting inland waters charter/party boat operations. Chief of Response, CDR Todd Gatlin, concurred with this proposal and subsequently proposed a USCG inspector training program for interested AUX members. I have asked the involved parties to work with each other to develop a program that would be suitable to support the State.
Next reporting period activity:
1. Obtain a list of incoming freshman legislators 2. There will be no state legislative activity until January 2009. 3. Coordinate Safe Boating Week 2008 with State agencies 4. Maintain successful communication with state agencies.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fourth Quarter Report, 2007: Texas legislature is not in session at this time. We (CG-Aux) are starting to work with the Texas Parks and Wildlife on the 2008 Safe Boating Week schedule. Divisions have noted this information on their calendars. I (Charles Maricle) have formally requested access to the boating registration information for potential recruiting to the CG-Aux. TX recently passed legislation and administrative rules requiring INSPECTION of Party (or Charter) boats operated on INLAND WATERS. The inspections are to be conducted by state officers, or an entity contracted with the state. The State of Texas has contacted the Chief of Enforcement, CDR Todd Gatlin regarding setting up a program that closely parallels the USCG Vessel Inspection process required of vessels carrying more than six passengers for hire. We are currently looking at AUX involvement in the program to enable the USCG to take up this matter. This new program would ONLY AFFECT VESSELS ON INLAND waters. Third Quarter Report, 2007: Summary of actions: There are three topics for this reporting period. First is the summary of all Texas boating legislation now enacted into law for 2007. The Texas Legislature will next meet in January of 2009. This summer, through coordination with the Texas Department of Parks and Wildlife, the USCG Auxiliary successfully worked with the State on various boating safety initiatives. Second is the summary of all Texas new legislation now enacted into law for 2007 which may be of interest to the USCG and USCG-Aux community. Third is our recent success in formalizing tax free status for all USCG-Aux organizations in Texas. This includes sales and purchases. NEW TEXAS BOATING LAWS SUMMARY FOR 2007 SESSION HB 12 Party Boats (Sec. 19A) (Effective Date: June 1, 2008) Purpose: Bring commercially-operated party boats on inland waters under TPWD regulatory authority. Main Points: Affected boats are subject to annual inspection, operator licensing requirements, limits on the number of passengers, and mandatory liability insurance. Legislative Intent: Improve safety on party boats that are available for rent on inland lakes and waterways. HB 3764 Show, Test and Demonstrate (Effective Date: September 1, 2007) Purpose: Allow the limited and temporary use of vessels for recreational purposes or participation in contests or events under authority of a marine dealer, manufacturer or distributor's license. Main Points: The Commission may provide for the sale of validation cards permitting the limited and temporary use of vessels for recreational purposes or participation in contests or events. Legislative Intent: Allow the Commission, by rule, to address the licensing of boats to prevent the avoidance of a sales tax. SB 410 Jurisdiction of Municipal Peace Officers (Effective Date: June 15, 2007) Purpose: Allows a municipality that borders any body of water that falls within the municipality's jurisdiction to enforce all laws on the entirety of that body of water with a registered marine enforcement unit. Main Points: Municipal peace officers may enforce the Water Safety Act within an area of the lake that is outside the enforcement jurisdiction if any portion of the lake is within the city limits of the municipality. The municipality must enter into a memorandum of understanding with the governmental entity having enforcement jurisdiction in that area. The memorandum of understanding must be approved by Texas Parks & Wildlife. Legislative Intent: Allow municipal peace officers to enforce the Water Safety Act on any part(s) of a lake by entering into a memorandum of understanding with the agency having jurisdiction in the area. SB 969 Government Vessel Exemptions for Titling and Registration Purpose: Provide exemption from titling and registration fees for government vessels and outboard motors. (Effective Date: June 15, 2007) Main Points: A fee imposed by Chapter 31 (Water Safety Act) does not apply to a vessel or outboard motor purchased by, owned by, or used exclusively in the service of the state, a political subdivision of the state, or the federal government. Legislative Intent: Exempt governmental agencies from fees associated with purchase, ownership, use of vessels and outboard motors. HB 1623 Registration Citation Dismissal (Effective Date: September 1, 2007) Purpose: Provide a method of dismissing a citation for an expired certificate of number or an unregistered motorboat Main Points: A court may dismiss a citation issued under Sec. 31.021(b) P&W Code (Required Numbering) if: 1. The defendant remedies the defect not later than the 10th working day after the date of the offense and pays an administrative fee not to exceed $10; and 2. The certificate of number has not been expired for more than 60 days. Legislative Intent: Allow a court to dismiss certain traffic and water safety citations if the violation is remedied within a reasonable time. SALES TAX ISSUE - TEXAS The state has determined and written an official opinion letter at my request regarding the tax free status of all US Coast Guard Auxiliary elements in Texas. In summary, paragraph one states that USCG AUX does not have to collect sales taxes and paragraph two exempts the AUX from paying sales tax for purchases related to official AUX purposes. Texas will not require a Tax ID number for the AUX since it is recognized as a Governmental Entity by the State of Texas. The stated exemption certificate has been provided to the leadership of the CG AUX districts in the State of Texas. Official State of Texas opinion letter as follows: September 12, 2007 Subject: Tax Exempt Status by U.S. Coast Guard Auxiliary “This is in response to your question concerning the tax responsibilities of Coast Guard Auxiliaries Federal agencies and instrumentalities of the United States government are not required to collect or remit sales tax by a provision of the Buck Act [(4 U.S.C. Section 107(a)]. For purposes of sales tax collection and reporting, the Texas Comptroller of Public Accounts has determined that the State of Texas will recognize the Coast Guard Auxiliary and each organizational element or unit as an instrumentality of the United States. As such, they are not required to collect state and local sales taxes on their sales of taxable items. Texas Tax Code section 151.309 exempts purchases by governmental entities of the United States. Governmental entities are not required to prove exempt status per Comptroller Rule 3.322(c). However, since a Texas seller is required to maintain in their records resale and/or exemption certificates in order to show why no tax was collected on sales of taxable items, a governmental entity should provide the seller at the time of purchase either an exemption certificate (pursuant to Rule 3.287) or an official purchase voucher or purchase order. Governmental purchase orders or vouchers are acceptable proof of the tax-exempt status of federal governmental entities". Updated Tuesday May 20, 2008 | |
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