reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.071. Rearview Mirrors

Sec. 31.071.  REARVIEW MIRRORS.  (a)  A vessel used to tow a person or persons on water skis or an aquaplane or similar device on the water of this state must have a rearview mirror of a size no less than four inches from bottom to top and across from one side to the other.  The mirror must be mounted firmly so as to give the boat operator a full and complete view beyond the rear of the boat at all times.
(b)  Subsection (a) of this section does not apply to vessels used in water ski tournaments, competitions, or exhibitions, or to a vessel that, in addition to its operator, has on board a person 13 years of age or older observing the progress of the person being towed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1989, 71st Leg., ch. 543, Sec. 3, eff. June 14, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.072. Racing Boats; Equipment Exemptions

Sec. 31.072.  RACING BOATS;  EQUIPMENT EXEMPTIONS.  (a)  A motorboat designed and intended solely for racing need not have a whistle or other sound-producing mechanical appliance or a bell as required by Section 31.065 of this code or a fire extinguisher as required by Section 31.067 of this code while competing in a race or while engaged in navigation that is incidental to tuning up for a race conducted in accordance with the provisions of this chapter.
(b)  A racing craft engaged in a race sanctioned by the governing board of any public water of this state need not have an exhaust water manifold or factory-type muffler installed on the engine as required by Section 31.070 of this code if written permission is granted by the governing board of the water body.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.073. Canoes, Punts, Rowboats, Sailboats, Rubber Rafts, Racing Shells, Rowing Sculls, Kayaks, and Other Paddle Craft; Equipment Exemptions

Sec. 31.073.  CANOES, PUNTS, ROWBOATS, SAILBOATS, RUBBER RAFTS, RACING SHELLS, ROWING SCULLS, KAYAKS, AND OTHER PADDLE CRAFT; EQUIPMENT EXEMPTIONS.  (a)  All canoes, kayaks, punts, rowboats, sailboats, rubber rafts, and other paddle craft when paddled, poled, oared, or windblown are exempt from all safety equipment requirements except each vessel must have the following:
(1)  one Coast Guard approved wearable personal flotation device for each person aboard; and
(2)  the lights prescribed by the commandant of the Coast Guard for vessels and required under Section 31.064.
(a-1)  Notwithstanding Subsection (a), a vessel described by that subsection, except a canoe or kayak, that is 16 feet or more in length must be equipped with at least one Type IV personal flotation device of the sort prescribed by the regulations of the commandant of the Coast Guard.
(b)  Racing shells, rowing sculls, and racing kayaks while participating in or practicing for an officially sanctioned race are exempt from all safety equipment requirements except the lights prescribed by the commandant of the Coast Guard for vessels and required under Section 31.064.
(c)  In this section, "racing shell," "rowing scull," or "racing kayak" means a manually propelled boat:
(1)  recognized by a national or international racing association for use in competitive racing;
(2)  not designed or used to carry equipment serving any purpose other than competitive racing;  and
(3)  in which each occupant, except a coxswain, rows, sculls, or paddles.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 236, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1127 (H.B. 308), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1127 (H.B. 308), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.074. Visual Distress Signal

Sec. 31.074.  VISUAL DISTRESS SIGNAL.  (a)  In this section:
(1)  "Coastal waters" means the water that lies within nine nautical miles from the coastline of this state.
(2)  "Uninspected passenger vessel" has the meaning assigned by 46 C.F.R. Section 24.10-1.
(3)  "Visual distress signal" means a device that is approved and required by the commandant of the United States Coast Guard for the purpose of indicating a vessel in distress, including flares, smoke signals, and non-pyrotechnic signals.
(b)  No person may operate on the coastal waters a vessel that is 16 feet or more in length, or any vessel operating as an uninspected passenger vessel, unless the vessel is equipped with readily accessible visual distress signals approved for day and night use in the number required by the commandant of the United States Coast Guard.
(c)  Between sunset and sunrise, no person may operate on the coastal waters a vessel less than 16 feet in length unless the vessel is equipped with readily accessible visual distress signals approved for night use in the number required by the commandant of the United States Coast Guard.
(d)  No person may operate a vessel on coastal waters unless each visual distress signal required under this section is in serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired.
Added by Acts 2013, 83rd Leg., R.S., Ch. 286 (H.B. 1106), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.091. Uniformity of Boating Regulations

Sec. 31.091.  UNIFORMITY OF BOATING REGULATIONS.  In the interest of uniformity, it is the policy of the State of Texas that the basic authority for the enactment of boating regulations is reserved to the state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.092. Local Regulations

Sec. 31.092.  LOCAL REGULATIONS.  (a)  The governing body of an incorporated city or town, with respect to public water within its corporate limits and all lakes owned by it, may designate by ordinance certain areas as bathing, fishing, swimming, or otherwise restricted areas and may make rules and regulations relating to the operation and equipment of boats which it deems necessary for the public safety.  The rules and regulations shall be consistent with the provisions of this chapter.
(b)  The commissioners court of a county, with respect to public water within the territorial limits of the county that is outside of the limits of an incorporated city or town or a political subdivision designated in Subsection (c) of this section and that are not lakes owned by an incorporated city or town, may enter an order on its books designating certain areas as bathing, fishing, swimming, or otherwise restricted areas and may make rules and regulations relating to the operation and equipment of boats which it deems necessary for the public safety.  The rules and regulations shall be consistent with the provisions of this chapter.
(c)  The governing board of a political subdivision of the state created pursuant to Article XVI, Section 59, of the Texas Constitution, for the purpose of conserving and developing the public water of the state, with respect to public water impounded within lakes and reservoirs owned or operated by the political subdivision, may designate by resolution or other appropriate order certain areas as bathing, fishing, swimming, or otherwise restricted areas and may make rules and regulations relating to the operation and equipment of boats which it deems necessary for the public safety.  The rules and regulations shall be consistent with the provisions of this chapter.
(d)  A copy of all rules and regulations adopted under this section shall be summarily filed with the department.
(e)  No city, town, village, special district, or other political subdivision of the state may impose or collect a fee for the registration or inspection of vessels to be used on public water against the owner or operator of a vessel used on public water.  This section does not apply to Chapter 321, Tax Code, nor to any launch fees, docking fees, entry fees, or other recreational fees which may be imposed or collected by any political subdivision of the State of Texas for the use of the facilities afforded by any such district to the public.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 1274, ch. 496, Sec. 1, eff. Aug. 29, 1977;  Acts 1989, 71st Leg., ch. 2, Sec. 14.27(a)(5), eff. Aug. 28, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.093. Rules of the Road

Sec. 31.093.  RULES OF THE ROAD.  The United States Coast Guard Inland Rules apply to all public water of this state to the extent they are applicable.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.094. Reckless or Negligent Operation

Sec. 31.094.  RECKLESS OR NEGLIGENT OPERATION.  No person may operate any motorboat or vessel or manipulate any water skis, aquaplane, or similar device in a wilfully or wantonly reckless or negligent manner that endangers the life, limb, or property of any person.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.095. Excessive Speed

Sec. 31.095.  EXCESSIVE SPEED.  (a)  No person may operate any boat at a rate of speed greater than is reasonable and prudent, having due regard for the conditions and hazards, actual and potential, then existing, including weather and density of traffic, or greater than will permit him, in the exercise of reasonable care, to bring the boat to a stop within the assured clear distance ahead.
(b)  The commission may provide for the standardization of speed limits for moving vessels.  No political subdivision or state agency may impose a speed limit not in conformity with the commission's standards.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1989, 71st Leg., ch. 313, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.096. Reckless Operation and Excessive Speed

Sec. 31.096.  RECKLESS OPERATION AND EXCESSIVE SPEED.  No person may operate a vessel or manipulate water skis, an aquaplane, or a similar device on the water of this state in wilful or wanton disregard of the rights or safety of others or without due caution or circumspection, and at a speed or in a manner that endangers, or is likely to endanger, a person or property.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 10, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.098. Hazardous Wake or Wash

Sec. 31.098.  HAZARDOUS WAKE OR WASH.  No person may operate a motorboat so as to create a hazardous wake or wash.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.099. Prohibition on Circular Course Around Individuals Engaged in Water Activities

Sec. 31.099.  PROHIBITION ON CIRCULAR COURSE AROUND INDIVIDUALS ENGAGED IN WATER ACTIVITIES.  (a)  No person may operate a motorboat in a circular course around:
(1)  any other boat or personal watercraft any occupant of which is engaged in fishing, waterskiing, or a similar activity; or
(2)  any person swimming.
(a-1)  Subsection (a) does not apply to a person operating a motorboat in a circular course to retrieve a downed or fallen water-skier or other person engaged in a similar activity.
(b)  No swimmer or diver may come within 200 yards of a sight-seeing or excursion boat except for maintenance purposes or unless within an enclosed area.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 236 (H.B. 596), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 236 (H.B. 596), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.100. Interference With Markers or Ramps

Sec. 31.100.  INTERFERENCE WITH MARKERS OR RAMPS.  (a)  No person may moor or attach a boat to a buoy, beacon, light marker, stake, flag, or other aid to safe operation placed upon the public water of this state by or under the authority of the United States or the State of Texas.  No person may move, remove, displace, tamper with, damage, or destroy the markers or aids to safe operation.
(b)  No person may moor or attach a vessel to a state-owned boat launching ramp except in connection with the launching or retrieving of a boat from the water.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.101. Obstructing Passage

Sec. 31.101.  OBSTRUCTING PASSAGE.  (a)  No person may anchor a boat in the traveled portion of a river or channel so as to prevent, impede, or interfere with the safe passage of any other boat through the same area.
(b)  No person may anchor a vessel near a state-owned boat ramp so as to prevent, impede, or interfere with the use of the boat ramp.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.102. Operating Boats in Restricted Areas

Sec. 31.102.  OPERATING BOATS IN RESTRICTED AREAS.  No person may operate a boat within a water area that has been clearly marked, by buoys or some other distinguishing device, as a bathing, fishing, swimming, or otherwise restricted area by the department or by a political subdivision of the state.  This section does not apply to a patrol or rescue craft or in the case of an emergency.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.1021. Operating Vessels in Scuba Diving or Snorkeling Areas

Sec. 31.1021.  OPERATING VESSELS IN SCUBA DIVING OR SNORKELING AREAS.  (a)  No person may operate a vessel within 50 feet of a buoy or of another vessel displaying a "diver down" flag that marks an area in which a person is scuba diving or snorkeling.
(b)  No person may operate a vessel at a speed greater than the minimum speed necessary to maintain steerageway and headway while the vessel is within 150 feet of a buoy or a vessel displaying a "diver down" flag that marks an area in which a person is scuba diving or snorkeling.
(c)  To be entitled to the protections of this section, a scuba diver or snorkeler must prominently display a "diver down" flag from a buoy or vessel.
(d)  This section does not apply:
(1)  to a person who is operating a patrol or rescue craft;  or
(2)  in an emergency.
(e)  Subsection (a) of this section does not apply:
(1)  to a person who is already operating a vessel in an area when another person displays a "diver down" flag within 150 feet of that vessel;
(2)  to a person who is operating a vessel in a waterway that is less than 300 feet wide;  or
(3)  to a person who has permission to enter the area from the person who placed the buoy or the person who is operating the vessel displaying the "diver down" flag.
(f)  In this section, "'diver down' flag" means a square or rectangular red flag, at least 15 inches by 15 inches, that has a diagonal white stripe.
Added by Acts 1989, 71st Leg., ch. 1146, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 226, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.103. Water Skis, Aquaplanes, Etc

Sec. 31.103.  WATER SKIS, AQUAPLANES, ETC.:  TIME AND MANNER OF OPERATION.  (a)  No person may operate a vessel on any water of this state towing a person or persons on water skis, surfboards, or similar devices and no person while being towed may engage in water-skiing, surfboarding or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise.  This subsection does not apply to motorboats or vessels used in water ski tournaments, competitions, or exhibitions or trials therefor if adequate lighting is provided.
(b)  All motorboats having in tow or otherwise assisting in towing a person on water skis, aquaplanes, or similar contrivances shall be operated in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.
(c)  A person being towed on water skis, aquaplanes, or similar devices by a vessel is considered an occupant of the vessel.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 421, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.104. Accidents: Duty of Operators

Sec. 31.104.  ACCIDENTS:  DUTY OF OPERATORS.  The operator of a vessel involved in a collision, accident, or casualty shall:
(1)  render to other persons affected such assistance as may be practicable and necessary in order to save them from or minimize any danger insofar as he can do so without serious danger to his own vessel, crew, and passengers;  and
(2)  give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.105. Incident Reports

Sec. 31.105.  INCIDENT REPORTS.  (a)  This section applies only to an incident that is a collision, accident, or other casualty that results in:
(1)  the death of a person;
(2)  injury to a person that requires medical treatment beyond the provision of first aid; or
(3)  damage to property in excess of an amount set by the commission of not less than $2,000.
(b)  Not later than the 30th day after the date of an incident to which this section applies, the operator of a vessel involved in the incident shall provide to a marine safety enforcement officer or game warden commissioned by the department a full description of the incident in accordance with regulations established by the department.
(c)  A marine safety enforcement officer who in the regular course of duty investigates an incident to which this section applies shall electronically file a written report of the incident with the department:
(1)  in a form prescribed by the department; and
(2)  not later than the 15th day after the date the officer initially became aware of the incident.
(d)  On request made by an authorized official or agency of the United States, any information available to the department under Subsection (b) of this section shall be sent to the official or agency.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 835, ch. 311, Sec. 1, eff. May 30, 1977;  Acts 1989, 71st Leg., ch. 543, Sec. 4, eff. June 14, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 474 (H.B. 555), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 943 (S.B. 1670), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.106. Personal Watercraft

Sec. 31.106.  PERSONAL WATERCRAFT.  (a)  No person shall operate a personal watercraft in the following manner or under the following circumstances:
(1)  unless each person riding on or towed behind the vessel is wearing a U.S. Coast Guard approved Type I, II, III, or V personal flotation device;
(2)  if the vessel is equipped by the manufacturer with a lanyard type engine cutoff switch, unless such lanyard is attached to the person, clothing, or personal flotation device of the operator as appropriate for the vessel involved;
(3)  during the period between sunset and sunrise;
(4)  within 50 feet of any other vessel, person, stationary platform or other object, or shore, except at headway speed;
(5)  if the operator is under 13 years of age unless the operator is supervised by another person who:
(A)  is at least 18 years of age;
(B)  can lawfully operate the watercraft; and
(C)  is on board the watercraft when under way;
(6)  if the personal watercraft is a motorboat, within any area prohibited for operation of a motorboat by state law or local rule or regulation;
(7)  while towing water skis, an aquaplane, a surfboard, a tube, or any other similar device, unless the towing vessel is designed to carry on board a minimum of two persons;
(8)  by jumping the wake of another vessel recklessly or unnecessarily close to that vessel; or
(9)  in a manner that requires the operator to swerve at the last possible moment to avoid collision.
(b)  The provisions of this section do not apply to professional exhibitions or an officially sanctioned race, tournament, or exhibition.
(c)  Subsection (a)(4) of this section does not prohibit the operation of personal watercraft on bodies of water less than 100 feet in width.
(d)  An owner of a personal watercraft permitting a person under 18 years of age to operate the personal watercraft in a manner prohibited by this section may be notified of the violation.
(e)  For the purposes of this section, a person is considered to be accompanying the operator of a personal watercraft if the person is on board the personal watercraft when underway.
Added by Acts 1989, 71st Leg., ch. 571, Sec. 2, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 739, Sec. 2, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1363, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 269 (H.B. 1395), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.107. Operation of Motorboat

Sec. 31.107.  OPERATION OF MOTORBOAT.  No person may operate a motorboat powered by a motor with a manufacturer's rating of more than 15 horsepower on the public waters of this state unless the person is at least 13 years of age or is supervised by another person who:
(1)  is at least 18 years of age;
(2)  can lawfully operate the motorboat; and
(3)  is on board the motorboat when under way.
Added by Acts 1989, 71st Leg., ch. 1006, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 31.106 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(23), eff. Sept. 6, 1990.  Amended by Acts 1997, 75th Leg., ch. 1363, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 269 (H.B. 1395), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.1071. Operation of Motorboat With Emergency Engine Cutoff Switch

Sec. 31.1071.  OPERATION OF MOTORBOAT WITH EMERGENCY ENGINE CUTOFF SWITCH.  (a)  In this section, "engine cutoff switch" means an emergency switch installed on a motorboat that:
(1)  is designed to shut off the engine if:
(A)  the motorboat operator using a lanyard attachment activates the switch by falling overboard or otherwise moving beyond the length of the lanyard; or
(B)  the motorboat operator or a passenger using a wireless attachment activates the switch by falling overboard and submerging a man-overboard transmitter; and
(2)  attaches:
(A)  physically to the motorboat operator through the use of a lanyard worn by the operator; or
(B)  wirelessly through the use of a water-activated man-overboard transmitter worn by the motorboat operator or any similarly equipped passenger on the motorboat.
(b)  A motorboat operator may not operate a motorboat less than 26 feet in length and equipped by the manufacturer with an engine cutoff switch while the motorboat is under way and moving at greater than headway speed without first verifying that the switch is operational and fully functional and properly attaching the lanyard or wireless attachment, as appropriate for the specific motorboat, to the operator's body or to the clothing or personal flotation device being worn by the operator.
Added by Acts 2019, 86th Leg., R.S., Ch. 1030 (H.B. 337), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.108. Boater Education Program

Sec. 31.108.  BOATER EDUCATION PROGRAM.  (a)  The commission shall adopt rules to:
(1)  administer a boater education program that is designed to educate persons about the safe operation of vessels;
(2)  approve boater education courses that meet or exceed the minimum instruction requirement established by the National Association of State Boating Law Administrators on or after January 1, 2016, and adopted by commission rule;
(3)  create an equivalency examination that may be taken, as the commission determines is consistent with promoting public safety in the operation of vessels, instead of the boater education course; and
(4)  ensure that boater education courses and examinations are available in each county.
(a-1)  A boater education course or equivalency examination under this section must include information on how to prevent the spread of exotic harmful or potentially harmful aquatic plants, fish, and shellfish, including department-approved methods for cleaning:
(1)  a boat;
(2)  a boat's motor;
(3)  fishing and other equipment; and
(4)  a boat trailer.
(b)  The commission by rule may create exemptions from boater education requirements imposed by statute to the extent the exemptions are consistent with promoting public safety in the operation of vessels.
(c)  The commission by rule shall create a standard form for a boater identification card to be issued to a person who successfully completes a boater education course or course equivalency examination.
(d)  The department may appoint agents to:
(1)  administer a boater education course or course equivalency examination;  and
(2)  issue boater identification cards under guidelines established by the commission.
(e)  An officer or employee of the department shall collect a $5 examination or course fee and forward the fee and any examination documentation to the department not later than the 30th day after the date the examination or course is administered.
(f)  An agent acting under authority of Subsection (d):
(1)  shall collect a $10 examination or course fee and forward the fee and any examination documentation to the department not later than the 30th day after the date the examination or course is administered; and
(2)  may collect and keep a $3 service fee, or an amount set by the commission, whichever is greater.
(g)  Money received by the department under Subsections (e) and (f)(1) shall be deposited in the state treasury to the credit of the game, fish, and water safety account established under Section 11.032 and may be used only for the administration of the boater education program established under this section.
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1254 (H.B. 3722), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 142 (H.B. 597), Sec. 1, eff. May 24, 2013.
Acts 2023, 88th Leg., R.S., Ch. 235 (H.B. 2755), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.109. Boater Education Course Required for Certain Persons

Sec. 31.109.  BOATER EDUCATION COURSE REQUIRED FOR CERTAIN PERSONS.  (a)  This section applies only to a person who is:
(1)  born on or after September 1, 1993; and
(2)  operating on the public water of this state:
(A)  a vessel powered by a motor with a manufacturer's rating of more than 15 horsepower; or
(B)  a windblown vessel over 14 feet in length.
(b)  A person subject to this section must have in the person's possession  a photographic identification card and either:
(1)  a boater identification card issued by the department; or
(2)  proof of completion of the requirements to obtain a vessel operator's license issued by the United States Coast Guard.
(c)  The department shall issue a boater identification card to a person who has successfully completed:
(1)  a boater education course approved by the department;  or
(2)  a course equivalency examination approved by the department.
(d)  A boater identification card issued to a person who has successfully completed a boater education course or course equivalency examination does not expire.
(e)  If, on or before the trial of a person charged with an offense for failing to possess a document required under Subsection (b), the person produces for the court or the prosecuting attorney a document required by Subsection (b) that was issued to the person and was valid at the time of the offense, the court shall dismiss the charge.
(f)  A person charged with a Class C Parks and Wildlife Code misdemeanor for failing to possess a document required under Subsection (b) may make to the court not later than the 10th day after the date of the alleged offense an oral or written motion requesting permission to take a boater education course approved by the department or a vessel operator's licensing course provided by the United States Coast Guard.  The court shall defer the proceedings brought against a person who makes a motion described by this subsection and allow the person 90 days to present written evidence that the person has successfully completed the course approved by the department or provided by the United States Coast Guard.  If the person successfully completes the course and the court accepts the presented evidence, the court shall dismiss the charge.
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 269 (H.B. 1395), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.110. Exemption From Boater Education Course Requirement; Deferral Program

Sec. 31.110.  EXEMPTION FROM BOATER EDUCATION COURSE REQUIREMENT; DEFERRAL PROGRAM.  (a)  A person is not required to comply with Section 31.109 if the person:
(1)  holds a master's, mate's, or operator's license issued by the United States Coast Guard;
(2)  is supervised by a person who is at least 18 years of age and who  is otherwise exempt from the requirements of Section 31.109 or possesses a boater identification card as required by Section 31.109;
(3)   is not a resident of this state and has proof that the person has successfully completed a boater education course or equivalency examination in another state that is approved by the department;
(4)  is exempt by rule of the commission as a customer of a business engaged in renting, showing, demonstrating, or testing boats; or
(5)  is exempt by rule of the commission.
(b)  For purposes of this section, to be considered to be supervising the operator of a watercraft, the person must be on board the watercraft when under way.
(c)  The commission by rule shall establish a boater education deferral program.  The deferral program must be available at no cost to boat dealers, manufacturers, and distributors.
(d)  Money received by the department in connection with a boater education deferral program established by the commission under Subsection (c) shall be deposited in the state treasury to the credit of the game, fish, and water safety account established under Section 11.032 and may be used only for the administration of the boater education program established under Section 31.108.
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 269 (H.B. 1395), Sec. 4, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 235 (H.B. 2755), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter D. Boating Regulations › Section 31.111. Operating Vessel Livery

Sec. 31.111.  OPERATING VESSEL LIVERY.  (a)  A vessel livery must purchase liability insurance from an insurer licensed to do business in this state.
(b)  Before releasing possession of a rented vessel, a vessel livery shall provide each operator of the rented vessel instruction relating to:
(1)  the provisions of this chapter;
(2)  operational characteristics of the rented vessel;  and
(3)  boating regulations that apply in the area of operation of the vessel.
(c)  After providing the instruction required by Subsection (b) and before releasing possession of the rented vessel, the vessel livery shall require each operator to sign an acknowledgment form indicating that the operator has received the required instruction.  The vessel livery shall retain the form for at least six months.
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.121. Enforcement Officers

Sec. 31.121.  ENFORCEMENT OFFICERS.  (a)  In this section:
(1)  "Game warden" means a person who is commissioned as a game warden by the commission.
(2)  "State military forces" has the meaning assigned by Section 437.001, Government Code.
(a-1)  All peace officers of this state and game wardens must be certified as marine safety enforcement officers by the department to enforce the provisions of this chapter by arresting and taking into custody any person who commits any act or offense prohibited by this chapter or who violates any provision of this chapter.
(a-2)  Game wardens commissioned by the commission are the primary enforcement officers responsible for enforcing the provisions of this chapter related to water safety.
(b)  The commission by rule shall establish standards for training and certifying marine safety enforcement officers under this section.
(c)  The commission by rule may create exemptions for peace officers from marine safety enforcement officer training and certification requirements imposed by statute.
(d)  The commission by rule shall establish and collect a fee to recover the administrative costs associated with the certification of marine safety enforcement officers.  The commission shall require the applicant for certification or the applicant's employer to pay the fee required under this section.
(e)  State military forces may assist game wardens in the search for and rescue of victims of water-oriented accidents.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1363, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 788 (H.B. 2138), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 789 (H.B. 2141), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(37), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.18, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.1211. Jurisdiction of Municipal Peace Officers

Sec. 31.1211.  JURISDICTION OF MUNICIPAL PEACE OFFICERS.  (a)  Notwithstanding any other law limiting the enforcement jurisdiction of a peace officer, a peace officer of a municipality who is certified as a marine safety enforcement officer under Section 31.121 may enforce the provisions of this chapter within an area of a lake that is outside the enforcement jurisdiction of the peace officer if:
(1)  any portion of the lake is contained in the corporate limits or extraterritorial jurisdiction of the municipality; and
(2)  the municipality has entered into a memorandum of understanding with the governmental entity having enforcement jurisdiction in that area granting the peace officer enforcement jurisdiction in the area.
(b)  The memorandum of understanding under Subsection (a)(2) must:
(1)  designate the jurisdiction that has the authority to conduct any prosecution or ongoing investigation of a violation resulting from an enforcement action under this section; and
(2)  be approved by the Parks and Wildlife Department.
Added by Acts 2007, 80th Leg., R.S., Ch. 975 (S.B. 410), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.122. Water Safety Vessels: Lights

Sec. 31.122.  WATER SAFETY VESSELS:  LIGHTS.  Only the department and police water safety vessels may use rotating or flashing blue beacon lights.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1989, 71st Leg., ch. 543, Sec. 5, eff. June 14, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.123. Required Response to Police Water Safety Vessel

Sec. 31.123.  REQUIRED RESPONSE TO POLICE WATER SAFETY VESSEL.  The operator of a vessel underway, on sighting a rotating or flashing blue beacon light, shall reduce power immediately and bring the vessel to a no-wake speed and subsequent stop until the intention of the water safety vessel is understood.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1989, 71st Leg., ch. 543, Sec. 6, eff. June 14, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.124. Inspection of Vessels

Sec. 31.124.  INSPECTION OF VESSELS.  (a)  In order to enforce the provisions of this chapter, an enforcement officer may stop and board any vessel subject to this chapter and may inspect the boat to determine compliance with applicable provisions.
(b)  An officer boarding a vessel shall first identify himself by presenting proper credentials.
(c)  The operator of a vessel required by this chapter to hold a certificate of number aboard the vessel shall show the certificate to the officer on demand, and failure to do so constitutes a violation of this chapter.
(d)  No person operating a boat on the water of this state may refuse to obey the directions of an enforcement officer when the officer is acting under the provisions of this chapter.
(e)  The safety of the vessel shall always be the paramount consideration of an arresting officer.
(f)  If an enforcement officer determines that a vessel and its associated equipment is being used in violation of this chapter or of any regulation or standard issued thereunder so as to create an especially hazardous condition, he may direct the operator to return to mooring, and the vessel may not be used until the condition creating the violation is corrected.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.125. Violations; Notice to Appear

Sec. 31.125.  VIOLATIONS;  NOTICE TO APPEAR.  (a)  An enforcement officer who arrests a person for a violation of this chapter may deliver to the alleged violator a written notice to appear within 15 days after the date of the violation before the justice court having jurisdiction of the offense.
(b)  The person arrested shall sign the notice to appear promising to make his appearance in accordance with the requirements set forth in the notice.  After signing the notice the person may be released.  Failure to appear before the court in the county having jurisdiction constitutes a violation of the chapter.  A warrant for the arrest of the person failing to appear may be issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.126. Venue

Sec. 31.126.  VENUE.  (a)  Venue for an alleged violation or offense under the provisions of this chapter is in the justice court, county court, or municipal court having jurisdiction where the violation or offense was committed.
(b)  For an offense under the provisions of this chapter, there is a presumption that the offense was committed in the justice precinct and county where the dam containing the body of water is located.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 176 (H.B. 1222), Sec. 1, eff. May 25, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.127. Penalties and Fines

Sec. 31.127.  PENALTIES AND FINES.  (a)  A person who violates or fails to comply with any provision of this chapter, or who violates or fails to comply with a proclamation of the commission entered under this chapter or a city ordinance or order of a commissioners court or a political subdivision of the state made or entered under this chapter, commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  A person who violates Section 31.043(c) or 31.096 commits an offense that is a Class B Parks and Wildlife Code misdemeanor.  A person who violates Section 31.043(c-1) commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
(c)  Except as provided by Subsection (f), a person who operates a vessel in violation of Section 31.021(b) or 31.095 commits an offense punishable by a fine of not less than $100 or more than $500.
(d)  The operator of a vessel who is involved in a collision, accident, or other casualty that results in death or serious bodily injury to another person and fails to comply with Section 31.104 commits an offense that is a Parks and Wildlife Code felony.
(e)  Except as provided by Subsection (d), the operator of a vessel who is involved in a collision, accident, or other casualty and fails to comply with Section 31.104 commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
(f)  A court may dismiss a charge of operating a vessel with an expired certificate of number under Section 31.021 if:
(1)  the defendant remedies the defect not later than the 10th working day after the date of the offense and pays a reimbursement fee not to exceed $10; and
(2)  the certificate of number has not been expired for more than 60 days.
(g)  A person who operates a motorboat in violation of Section 31.1071 commits an offense punishable by a fine of not more than $200.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 12, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 185, Sec. 2, eff. July 1, 1989;  Acts 1997, 75th Leg., ch. 1363, Sec. 9, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 200, Sec. 8(m), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1133, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1027 (H.B. 1623), Sec. 12, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 695 (H.B. 384), Sec. 3, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1030 (H.B. 337), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.55, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.56, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 919 (S.B. 1923), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.128. Disposition of Fines

Sec. 31.128.  DISPOSITION OF FINES.  (a)  A justice of the peace, or a clerk of any court, or any other officer of this state receiving any fine imposed by a court for a violation of this chapter shall send the fine to the department within 10 days after receipt and shall note the docket number of the case, the name of the person fined, and the section or article of the law under which the conviction was secured.
(b)  In justice court cases filed as the result of an arrest by a game warden, the amount to be remitted to the game, fish, and water safety account shall be 85 percent of the fine.  In county court cases filed as the result of an arrest by a game warden, the amount to be remitted to the game, fish, and water safety account shall be 80 percent of the fine.  All costs of the court shall be retained by the court having jurisdiction of the offense and deposited as other fees in the proper county fund.
(c)  In court cases filed as the result of an arrest by a marine safety enforcement officer other than a game warden, the amount to be remitted to the game, fish, and water safety account shall be 60 percent of the fine.  All costs of the court shall be retained by the court having jurisdiction of the offense and deposited as other fees in the proper county fund.
(d)  Not less than 50 percent of the amount remitted to the game, fish, and water safety account under Subsection (c) must be used for the administration and enforcement of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 39, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1363, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.129. Violation and Enforcement of Sewage Disposal Regulations

Sec. 31.129.  VIOLATION AND ENFORCEMENT OF SEWAGE DISPOSAL REGULATIONS.  (a)  A person who violates or fails to comply with a rule of the Texas Commission on Environmental Quality concerning the disposal of sewage from boats commits an offense that is a Class C Parks and Wildlife Code misdemeanor.  A separate offense is committed each day a violation continues.
(b)  The enforcement provisions of this subchapter apply to violations punishable by this section.
(c)  A game warden or peace officer who is certified as a marine safety enforcement officer under Section 31.121 may enforce a rule of the Texas Commission on Environmental Quality concerning the disposal of sewage from boats.
(d)  A marine safety enforcement officer who reasonably suspects that a boat is discharging sewage in an area where discharge is prohibited may, if the owner or operator is aboard, board the boat for the purpose of inspecting the marine sanitation device for proper operation and testing the sanitation and holding devices, including placing a dye tablet in the holding tank.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 13, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1256, Sec. 24, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 579 (S.B. 2445), Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 579 (S.B. 2445), Sec. 4, eff. September 1, 2009.