Texas Laws - Parks and Wildlife Code (pg. 100)
Sec. 31.176. Party Boat Operator License.

pg. 100

Texas Laws | Parks and Wildlife Code
PARKS AND WILDLIFE CODE
TITLE 4. WATER SAFETY

(c) The owner of a party boat must obtain at least a minimum amount of liability insurance from an insurer licensed to do business in this state. The commission shall set the amount. ⁽³⁶²⁶⁾

Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007. ⁽³⁶²⁷⁾

Sec. 31.176. PARTY BOAT OPERATOR LICENSE. ⁽³⁶²⁸⁾(Text)

(a) The commission by rule shall establish, as necessary to protect the public health and safety, the requirements and procedures for the issuance and renewal of a party boat operator license under this subchapter. ⁽³⁶²⁹⁾

(b) Except as provided by Subsection (c), the rules for obtaining a license as a party boat operator must require at a minimum that the applicant: ⁽³⁶³⁰⁾

(1) be at least 21 years of age; ⁽³⁶³¹⁾

(2) observe for at least four hours a licensed party boat operator operating a party boat on open water; ⁽³⁶³²⁾

(3) operate for at least four hours a party boat on open water while being supervised and observed by a licensed party boat operator; and ⁽³⁶³³⁾

(4) pass a written examination covering onboard safety procedures and the applicable provisions of this chapter. ⁽³⁶³⁴⁾

(c) An applicant is not required to comply with Subsections (b)(2) and (3) if the applicant has: ⁽³⁶³⁵⁾

(1) at least 25 hours of experience operating a party boat as shown by appropriate documentation; and ⁽³⁶³⁶⁾

(2) no record of boating violations. ⁽³⁶³⁷⁾

Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007. ⁽³⁶³⁸⁾

Sec. 31.177. FEES. ⁽³⁶³⁹⁾(Text)

(a) The commission by rule shall establish and collect a reasonable fee for: ⁽³⁶⁴⁰⁾

(1) the issuance of a party boat operator license under this subchapter; and ⁽³⁶⁴¹⁾

(2) the annual water safety inspection of a party boat required by this subchapter. ⁽³⁶⁴²⁾

(b) A fee collected by the department under this subchapter and any interest that accrues on the fee shall be deposited to the credit of the game, fish, and water safety account established under Section 11.032. ⁽³⁶⁴³⁾

Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007. ⁽³⁶⁴⁴⁾

Sec. 31.178. DRUG AND ALCOHOL TESTING. ⁽³⁶⁴⁵⁾(Text)

If a party boat is involved in an accident causing serious personal injury or death, each staff member on board is subject to mandatory drug and alcohol testing. ⁽³⁶⁴⁶⁾

Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007. ⁽³⁶⁴⁷⁾

Sec. 31.179. ENFORCEMENT. ⁽³⁶⁴⁸⁾(Text)

(a) In addition to a game warden, any peace officer of a municipality or other political subdivision of this state who is certified as a marine safety enforcement officer under Section 31.121 may enforce this subchapter: ⁽³⁶⁴⁹⁾

(1) in the area of a navigable body of water that is in the jurisdiction of the municipality or other political subdivision; or ⁽³⁶⁵⁰⁾

(2) in any part of a lake that is partly or wholly inside the boundaries of: ⁽³⁶⁵¹⁾

(A) the municipality or its extraterritorial jurisdiction; or ⁽³⁶⁵²⁾

(B) the political subdivision. ⁽³⁶⁵³⁾

(b) A party boat is subject to enforcement inspections conducted under Section 31.124. ⁽³⁶⁵⁴⁾

Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007. ⁽³⁶⁵⁵⁾

Sec. 31.180. RULES. ⁽³⁶⁵⁶⁾(Text)

The commission shall adopt and enforce rules necessary to implement this subchapter. ⁽³⁶⁵⁷⁾

Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007. ⁽³⁶⁵⁸⁾

CHAPTER 32. FLOATING CABINS ⁽³⁶⁵⁹⁾(Text)

Sec. 32.001. DEFINITIONS. ⁽³⁶⁶⁰⁾(Text)

In this chapter: ⁽³⁶⁶¹⁾

(1) "Coastal water" means those waters east and south of the coastal waters boundary established in 31 T.A.C. Section 65.3(10). ⁽³⁶⁶²⁾

(2) "Floating cabin" means a structure securely moored in the coastal water of this state used for habitation or shelter and not routinely used for transportation. The term includes all mooring lines, anchors, anchor lines, spuds, and pilings and any other tethering devices. The term does not include a structure permitted by the General Land Office under Chapter 33, Natural Resources Code. ⁽³⁶⁶³⁾

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001. ⁽³⁶⁶⁴⁾

Sec. 32.002. APPLICABILITY TO COASTAL WATER. ⁽³⁶⁶⁵⁾(Text)

This chapter applies only to floating cabins moored in coastal water. ⁽³⁶⁶⁶⁾

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001. ⁽³⁶⁶⁷⁾

Sec. 32.003. APPLICABILITY OF OTHER LAW. ⁽³⁶⁶⁸⁾(Text)

Chapter 33, Natural Resources Code, does not apply to a floating cabin regulated under this chapter. ⁽³⁶⁶⁹⁾

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001. ⁽³⁶⁷⁰⁾

Sec. 32.004. EXEMPTION. ⁽³⁶⁷¹⁾(Text)

Subchapter B does not apply to a floating cabin owned by a state agency. ⁽³⁶⁷²⁾

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001. ⁽³⁶⁷³⁾

Sec. 32.005. RULES. ⁽³⁶⁷⁴⁾(Text)

The commission may adopt rules to implement this chapter. ⁽³⁶⁷⁵⁾

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001. ⁽³⁶⁷⁶⁾

Sec. 32.006. NONAPPLICABILITY OF CHAPTER 2001, GOVERNMENT CODE. ⁽³⁶⁷⁷⁾(Text)

100