SECTION 55.402. Applicability and Exceptions

(a) This subchapter applies to a party boat that operates on inland waters of this state.

(b) The annual water safety inspection required by §55.405(a) of this title (relating to Employer/Owner Responsibilities) is not required for a vessel that:

(1) is carrying passengers for hire; and

(2) carries a valid and current certificate of inspection issued pursuant to federal law.

(c) A person is not required to obtain a party boat operator's license if that person possesses:

(1) a valid and current federal pilot's or captain's license issued by the United States Coast Guard or other federal agency; or

(2) a valid license, issued by a state that shares a body of water with Texas, that is substantively similar in effect and scope to the party boat operator license required by this subchapter, provided:

(A) the issuing state allows Texas vessels to operate in the shared waters under the same conditions; and

(B) the party boat is operated only in waters shared by the issuing state and the state of Texas.

(d) This subchapter does not apply to:

(1) a boat that is less than 30 feet in length;

(2) a sailboat;

(3) a vessel rented out for profit under a written contract by a vessel livery, as defined by Parks and Wildlife Code, §31.003(8), where all responsibility and liability for operating and provisioning the vessel is assumed by the party renting the vessel; or

(4) any vessel used for training or instructional purposes while it is not being used as a party boat.

Source Note: The provisions of this §55.402 adopted to be effective January 1, 2008, 32 TexReg 10011; amended to be effective March 15, 2021, 46 TexReg 1658