LegalTips.ORG - Texas PARKS AND WILDLIFE CODE

§ 31.002. STATE POLICY. It is the duty of this state to
promote recreational water safety for persons and property in and
connected with the use of all recreational water facilities in the
state, to promote safety in the operation and equipment of
facilities, and to promote uniformity of laws relating to water
safety.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.003. DEFINITIONS. In this chapter:
(1) "Boat" means a vessel not more than 65 feet in
length, measured from end to end over the deck, excluding sheer.
(2) "Vessel" means any watercraft, other than a
seaplane on water, used or capable of being used for transportation
on water.
(3) "Motorboat" means any vessel propelled or designed
to be propelled by machinery, whether or not the machinery is
permanently or temporarily affixed or is the principal source of
propulsion.
(4) "Owner" means the person who rightfully claims
lawful possession of a vessel by virtue of the legal title or an
equitable interest.
(5) "Water of this state" means any public water
within the territorial limits of this state.
(6) "Operate" means to navigate or otherwise use a
motorboat or a vessel.
(7) "Dealer" means a person engaged in the business of
buying, selling, selling on consignment, displaying for sale, or
exchanging at least five vessels, motorboats, or outboard motors
during a calendar year at an established or permanent place of
business in this state.
(8) "Vessel livery" means a business establishment
engaged in renting or hiring out vessels for profit.
(9) Repealed by Acts 1997, 75th Leg., ch. 1363, §
12, eff. Sept. 1, 1997.
(10) "Reasonable time" means 15 days.
(11) "Manufacturer" means a person engaged in the
business of manufacturing new and unused vessels and outboard
motors for the purpose of sale or trade.
(12) "New" means every vessel or outboard motor after
its manufacture and before its sale or other transfer to a person
not a manufacturer or dealer.
(13) "Outboard motor" means any self-contained
internal combustion propulsion system, excluding fuel supply,
which is used to propel a vessel and which is detachable as a unit
from the vessel.
(14) "Personal watercraft" means a type of motorboat
that is specifically designed to be operated by a person or persons
sitting, standing, or kneeling on the vessel rather than in the
conventional manner of sitting or standing inside the vessel.
(15) "Authorized agent" means a dealer who is
authorized by the department under Section 31.006 of this code to
collect taxes and fees and issue certificates of number.
(16) "Distributor" means a person who offers for sale,
sells, or processes for distribution new boats or outboard motors
to dealers in this state.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 1252, ch. 484, § 1(a), (b),
eff. Sept. 1, 1977; Acts 1989, 71st Leg., ch. 571, § 1, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 718, § 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 450, § 1, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 739, § 1, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 165, § 26.01, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1256, § 21, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1363, § 1, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 200, § 8(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 1133, § 1, eff. Sept. 1, 2003.

§ 31.004. APPLICATION OF CHAPTER. The provisions of
this chapter apply to all public water of this state and to all
vessels on public water. Privately owned water is not subject to
the provisions of this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 22, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1363, § 2, eff. Sept. 1, 1997.

§ 31.005. CONTRACTS WITH FEDERAL GOVERNMENT. (a) The
department may apply to any appropriate agency or officer of the
United States for participation in or the receipt of aid from any
federal program relating to water safety, including:
(1) the acquisition, maintenance, and operating costs
of facilities;
(2) purchase of equipment and supplies;
(3) personnel salaries; and
(4) other federally approved reimbursable expenses,
including personnel training costs, public boat safety and
education costs, and general administrative and enforcement costs.
(b) The department may contract with the United States in
order to comply with all necessary requirements for the receipt of
funds made available under any federal legislation.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.006. APPOINTMENT OF AUTHORIZED AGENT. (a) The
department may authorize a dealer who holds a dealer's or
manufacturer's number to act as the agent of the department under
Subchapter B of this chapter and under Chapter 160, Tax Code, for
the issuance of certificates of number and the collection of fees
and taxes for boats sold by that dealer.
(b) An authorized agent must follow the rules of the
commission and the rules of the comptroller.
(c) An authorized agent shall send the applications
required by Sections 31.024 and 31.047 of this code, the fees
required by Sections 31.026 and 31.048 of this code, and the tax
paid under Chapter 160, Tax Code, to the department not later than
20 days after the date a certificate of number is issued and a fee or
tax collected.
(d) An authorized agent shall execute a surety bond in an
amount set by the department to insure against loss to the
department of fees and taxes. The bond shall be in favor of the
department.
(e) The department may cancel the authorization of an agent
on 30 days' written notice of the agent's violation of this chapter,
a department rule adopted under this chapter, Chapter 160, Tax
Code, or a rule adopted by the comptroller under that chapter.
(f) The commission may adopt rules for the creation of a
program for the continuing identification and classification of
participants in the vessel and outboard motor industries doing
business in this state. The commission may set fees to administer
this subsection. The department shall use information from the
program to appoint agents under this section or for any other
purpose required by the commission's rules or this chapter.

Added by Acts 1993, 73rd Leg., ch. 718, § 2, eff. Sept. 1, 1993.
Amended by Acts 2001, 77th Leg., ch. 968, § 35, eff. Sept. 1,
2001.

§ 31.007. DEALER REQUIREMENTS. A dealer shall:
(1) display in each of the dealer's places of business
a sign that:
(A) is conspicuous to the public; and
(B) shows the name of the dealership; and
(2) operate in a space sufficient to maintain an
office, service area, and display of products.

Added by Acts 2003, 78th Leg., ch. 200, § 8(b), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 2, eff. Sept. 1, 2003.

SUBCHAPTER B. IDENTIFICATION OF VESSELS; REQUIRED NUMBERING

§ 31.021. REQUIRED NUMBERING. (a) Each vessel on the
water of this state shall be numbered in accordance with the
provisions of this chapter unless specifically exempted. The
numbering system shall be in accord with the Federal Boating Act of
1958 and subsequent federal legislation.
(b) No person may operate or give permission for the
operation of any vessel or may dock, moor, or store a vessel owned
by the person on the water of this state unless:
(1) the vessel is numbered as required by this
chapter;
(2) the certificate of number awarded to the vessel is
in full force and effect; and
(3) the identifying number set forth in the
certificate is properly displayed on each side of the bow of the
vessel as required by this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 450, § 3, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1256, § 23, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1363, § 3, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 200, § 8(c), eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1133, § 3, eff. Sept. 1, 2003.

§ 31.022. EXEMPTIONS FROM REQUIRED NUMBERING. (a) A
vessel is not required to be numbered under the provisions of this
chapter if it is:
(1) operated within this state for a period not
exceeding 90 consecutive days and is covered by a number in full
force and effect which has been awarded under federal law or a
federally approved numbering system of another state;
(2) from a country other than the United States
temporarily using the water of this state;
(3) owned by the United States, a state, or a
subdivision of a state; or
(4) a ship's lifeboat.
(b) The department may exempt from numbering a class of
vessels if it finds that the numbering of the vessels of that class
will not materially aid in their identification. The department
may also exempt a vessel if it finds that it belongs to a class of
vessels that would be exempt from numbering under a numbering
system of an agency of the federal government if it were subject to
federal law.
(c) All canoes, kayaks, punts, rowboats, rubber rafts, or
other vessels under 14 feet in length when paddled, poled, oared, or
windblown are exempt from the numbering provisions of this chapter.
(d) A vessel in use at a water ski tournament, competition,
or exhibition sanctioned in writing by the governing board of the
governmental entity that has jurisdiction over the body of water on
which the tournament, competition, or exhibition occurs is exempt
from the numbering provisions of this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 543, § 1, eff. June 14,
1989; Acts 1993, 73rd Leg., ch. 450, § 4, eff. Sept. 1, 1993.

§ 31.023. VESSELS NUMBERED UNDER FEDERAL OR OTHER STATE
LAW. The owner of any vessel for which a current certificate of
number has been awarded under any federal law or a federally
approved numbering system of another state shall, if the vessel is
operated on the water of this state in excess of 90 consecutive
days, make application for a certificate of number in the manner
prescribed in this chapter for residents of this state.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 450, § 5, eff. Sept. 1,
1993.

§ 31.024. APPLICATION FOR NUMBER. (a) The owner of
each vessel requiring numbering by this state shall file an
application for a number with the department, an authorized agent,
or a county tax assessor-collector.
(b) The application shall be signed by the owner of the
vessel and shall be accompanied by the fee prescribed in Section
31.026 of this code. If the application is received by a county tax
assessor-collector, the application and the portion of the fee not
retained by the tax assessor-collector as a collection fee shall be
sent to the department. If the application is received by an
authorized agent, the application and the fee shall be sent to the
department as required by Section 31.006 of this code.
(c) On receipt of the application in approved form, the
department shall enter it on the records of its office and issue to
the applicant a certificate of number stating the number awarded to
the vessel and the name and address of the owner.
(d) The application form, the form of the certificate of
number, and the manner of renewal shall be prescribed by the
department.
(e) The department, an authorized agent, or a county tax
assessor-collector may not issue a certificate of number unless the
tax due on the vessel under Chapter 160, Tax Code, is paid.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1352, ch. 607, § 1, eff. Aug.
27, 1979; Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 7.04, eff.
Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 450, § 6, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 718, § 3, eff. Sept. 1, 1993.

§ 31.025. RENEWAL OF CERTIFICATES OF NUMBER. (a) An
application for the renewal of each certificate of number shall be
prepared by the department and mailed to the owner of the vessel
during the period of the last 90 days before the expiration date of
the certificate. The same number shall be issued on renewal.
(b) The application for renewal may be returned to the
department, to any county tax assessor-collector, or if permitted
by the department, to an agent of the department.
(c) Applications not received during the 90-day period
shall be treated in the same manner as original applications.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1353, ch. 607, § 2, eff. Aug.
27, 1979.

§ 31.026. FEES. (a) Each application for an original
or renewal certificate of number for a vessel shall be accompanied
by a two-year fee determined by the following classification
schedule or determined in the same classifications by the
commission, whichever amount is more: Class Description of Vessel Fee
Class A less than 16 feet in length $12
Class 1 16 feet or over and less than 26 $18
feet in length
Class 2 26 feet or over and less than 40 $24
feet in length
Class 3 40 feet or more in length $30

(b) The fee for a vessel less than 16 feet in length owned by
a vessel livery and used for rental purposes is $6 for each original
and renewal application for a certificate of number or an amount set
by the commission, whichever amount is more.
(c) Owners of newly purchased vessels or other vessels not
previously operated in this state shall pay the full registration
fee.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1326, ch. 277, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 1, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, § 7, eff. Sept. 1,
1993.

§ 31.028. CERTIFICATE OF NUMBER. The certificate of
number shall be pocket-size. The certificate or a facsimile of it
shall be carried on board the vessel at all times. It does not have
to be on the person of the operator if prior to trial the operator
can produce for examination a valid certificate of number.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.029. TERM OF CERTIFICATE OF NUMBER. Every
certificate of number awarded pursuant to this chapter shall
continue in full force and effect for a period of two years unless
sooner terminated or discontinued in accordance with the provisions
of this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.030. DUPLICATE CERTIFICATES AND DECALS. (a) If a
certificate of number becomes lost, mutilated, or illegible, the
owner of the vessel for which the certificate was issued may obtain
a duplicate on application to the department and the payment of a
fee of $2 or an amount set by the commission, whichever amount is
more.
(b) If a registration decal becomes lost, mutilated, or
illegible, the owner of the vessel for which the decal was issued
may obtain a replacement decal on application to the department and
the payment of a fee of $2 or an amount set by the commission,
whichever amount is more.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 1275, ch. 497, § 1, eff. Aug.
29, 1977; Acts 1983, 68th Leg., p. 1327, ch. 277, § 2, eff. Sept.
1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 2, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 450, § 7, eff. Sept. 1, 1993.

§ 31.031. NUMBERING PATTERN. (a) The numbering
pattern used consists of the prefix "TX" followed by a combination
of exactly four numerals and further followed by a suffix of two
letters. The group of numerals appearing between the letters shall
be separated from the letters by hyphens or equivalent spaces.
(b) All basic numbers of each series shall begin with 1000.
TX-1000-AA through TX-9999-AA will be allotted to dealers and
manufacturers. TX-1000-AB through TX-9999-ZZ will be allotted to
all other vessel owners and livery operators.
(c) The letters "G", "I", "O", and "Q" shall be omitted from
all letter sequences.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 450, § 8, eff. Sept. 1,
1993.

§ 31.032. NUMBERING ON BOW. (a) The owner of a vessel
shall paint on or attach to each side of the vessel near the bow the
identification number and a validation decal in the manner
prescribed by the department. The number shall read from left to
right and shall be of block characters of good proportion of not
less than three inches in height. The numbers shall be of a color
which will contrast with the hull material of the vessel and so
maintained as to be clearly visible and legible.
(b) The owner of a vessel required to be numbered under this
subchapter and documented by the United States Coast Guard is not
required to attach an identification number as required by
Subsection (a).
(c) The commission shall adopt rules for the placement of
the validation decal in an alternate location for antique boats. In
this subsection, "antique boat" means a boat that:
(1) is used primarily for recreational purposes; and
(2) was manufactured before 1968.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 450, § 9, eff. Sept. 1,
1993; Acts 2003, 78th Leg., ch. 200, § 8(d), eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1133, § 4, eff. Sept. 1, 2003.

§ 31.033. UNAUTHORIZED NUMBERS PROHIBITED. (a) No
person may paint, attach, or otherwise display on either side of the
bow of a vessel a number other than the number awarded to the vessel
or granted reciprocity under this chapter.
(b) No person may deface or alter the certificate of number
or the number assigned to and appearing on the bow of a vessel.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 450, § 9, eff. Sept. 1,
1993.

§ 31.034. ISSUANCE OF NUMBERS BY DEPARTMENT OR
AUTHORIZED AGENT. (a) The department may award a certificate of
number.
(b) A certificate of number issued and delivered by an
authorized agent in conformity with this chapter and the rules of
the commission adopted under this chapter is valid as if awarded by
the department directly.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 7.05, eff.
Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 718, § 4, eff. Sept. 1,
1993.

§ 31.0341. ISSUANCE OF NUMBERS: COUNTY TAX
ASSESSOR-COLLECTOR. (a) Each county tax assessor-collector
shall award certificates of number under this chapter in the manner
prescribed by this chapter and the regulations of the department.
The department shall issue a block or blocks of numbers to each
county tax assessor-collector for awarding to applicants on receipt
of applications.
(b) The county tax assessor-collector is entitled to a fee
of 10 percent of the amount of the fee for each certificate. The
amount retained by the tax assessor-collector shall be deposited to
the credit of the officers salary fund of the county to be used for
the sole purpose of paying the salaries of persons issuing vessel
certificates of number.

Added by Acts 1979, 66th Leg., p. 1353, ch. 607, § 3, eff. Aug.
27, 1979. Amended by Acts 1993, 73rd Leg., ch. 450, § 10, eff.
Sept. 1, 1993.

§ 31.035. RULES AND REGULATIONS; COPIES. Copies of all
rules and regulations formulated under this chapter shall be
furnished without cost with each certificate of number issued.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.036. PROOF OF OWNERSHIP. (a) A certificate of
title is required as proof of ownership of a vessel for which a
certificate of number is sought.
(b) A certified statement of ownership is sufficient proof
of ownership for a vessel of a type for which a certificate of title
is not required.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(c), eff.
Sept. 1, 1977; Acts 1993, 73rd Leg., ch. 450, § 11, eff. Sept. 1,
1993.

§ 31.037. CHANGE IN OWNERSHIP INTEREST; NOTICE TO
DEPARTMENT. (a) The owner of a vessel numbered in this state
shall notify the department within a reasonable time of the
transfer of all or any part of his interest in the vessel, other
than the creation of a security interest, or of the destruction or
abandonment of the vessel. The notice shall be accompanied by a
surrender of the certificate of number.
(b) If the vessel is destroyed or abandoned, the department
shall cancel the certificate and enter the cancellation in its
records.
(c) The purchaser of a vessel shall present evidence of his
ownership to the department within a reasonable time along with his
name, address, and the number of the vessel and shall at the same
time pay to the department a fee of $2 or an amount set by the
commission, whichever amount is more. On receipt of the
application and fee the department shall transfer the certificate
of number issued for the vessel to the new owner. Unless the
application is made and fee paid within a reasonable time the vessel
is without a certificate of number, and it is unlawful for any
person to operate the vessel until the certificate is issued.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1327, ch. 277, § 3, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 3, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, § 11, eff. Sept. 1,
1993.

§ 31.038. CHANGE OF ADDRESS; NOTICE TO
DEPARTMENT. (a) The holder of a certificate of number shall
notify the department within a reasonable time if his address no
longer conforms to the address appearing on the certificate and
shall inform the department of his new address.
(b) The department may provide in its regulations for the
surrender of the certificate bearing the former address and its
replacement with a certificate bearing the new address or for the
alteration of the outstanding certificate to show the new address
of the holder. Changes of address shall be noted on the records of
the department.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.039. PUBLIC RECORDS; FEES. (a) All ownership
records of the department made or kept under this chapter are public
records.
(b) The commission may by rule charge a fee for access to
ownership records and other records made or kept under this
chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 2003, 78th Leg., ch. 200, § 8(e), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 5, eff. Sept. 1, 2003.

§ 31.0391. RELEASE OF INFORMATION. (a) The department
or a county may not release the name or address of a person recorded
in the department vessel and outboard motor ownership records
unless the department or county receives a written request that:
(1) contains the requestor's name and address; and
(2) states that the use of the information is for a
lawful purpose.
(b) This section does not apply to the release of
information to:
(1) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, who is acting in an official capacity; or
(2) a state official or an official of a political
subdivision of this state who requests the information for tax
purposes.

Added by Acts 1995, 74th Leg., ch. 845, § 1, eff. Sept. 1, 1995.

§ 31.040. VESSEL LIVERIES. (a) The owner or operator
of a vessel livery shall obtain a certificate of number for all
vessels being used as motorboats to rent or let for hire.
(b) To receive certificates of number, the owner of a vessel
livery shall apply directly to the department on application forms
provided by the department. The application must state that the
applicant is a vessel livery within the meaning of this chapter, and
the facts stated in the application must be sworn before an officer
authorized to administer oaths.
(c) The owner of a vessel livery shall keep a record of the
name and address of the persons hiring any vessel operated as a
motorboat, the vessel's certificate of number, the time and date of
departure, and the expected time of return. The record shall be
kept for six months.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 450, § 11, eff. Sept. 1,
1993.

§ 31.041. DEALER'S, DISTRIBUTOR'S, AND MANUFACTURER'S
LICENSE. (a) A person may not engage in business in this state as
a dealer, distributor, or manufacturer unless the person holds a
license issued under this section. A dealer must have a license for
each place of business owned and operated by the person.
(b) The commission shall establish the form and manner for
display of a license issued under this section.
(c) The department shall issue a dealer, distributor, or
manufacturer number to each dealer, distributor, or manufacturer
licensed under this section in the manner provided by Section
31.031(b).
(d) A dealer, distributor, or manufacturer of vessels in
this state may use the dealer's, distributor's, or manufacturer's
number for vessels the dealer, distributor, or manufacturer wishes
to show, demonstrate, or test on the water of this state instead of
securing a certificate of number for each vessel. The number shall
be attached to any vessel that the dealer, distributor, or
manufacturer sends temporarily on the water. For purposes of this
subsection, "show, demonstrate, or test" does not include the use
of a vessel for recreational purposes or for participation in a
contest or event.
(e) The application for a license under this section must
state that the applicant is a dealer, distributor, or manufacturer
within the meaning of this chapter, and the facts stated on the
application must be sworn before an officer authorized to
administer oaths. An application submitted by a dealer must be
accompanied by photographs of the business sufficient to show any
sign the business is required to display and the extent of the space
the business is required to maintain. The application must also be
accompanied by a copy of the tax permit of the dealer, distributor,
or manufacturer issued by the comptroller under Chapter 151, Tax
Code, if the dealer, distributor, or manufacturer has a tax permit.
The two-year fee for a dealer's, distributor's, or manufacturer's
number is $500. A license may not be issued until the provisions of
this section have been satisfied.
(f) A dealer, distributor, or manufacturer holding a
dealer's, distributor's, or manufacturer's license may issue a
reasonable temporary facsimile of the number issued under
Subsection (c), which may be used by any authorized person. A
person purchasing a vessel may use the dealer's number for a period
not to exceed 15 days prior to filing an application for a
certificate of number. The form of the facsimile and the manner of
display of the number shall be prescribed by the department.
(g) A dealer, distributor, or manufacturer holding a
dealer's, distributor's, or manufacturer's license may transfer a
certificate of number or a certificate of title to a vessel or
outboard motor without securing a certificate of number or
certificate of title in the dealer's, distributor's, or
manufacturer's name if the vessel or outboard motor is sold in the
normal course of the dealer's, distributor's, or manufacturer's
business.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1328, ch. 277, § 4, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 4, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, § 12, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 587, § 36, eff. Oct. 1, 1993;
Acts 1995, 74th Leg., ch. 76, § 13.01, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 200, § 8(f), eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1133, § 6, eff. Sept. 1, 2003.

§ 31.0411. TERM OF LICENSE; TRANSFER. (a) Except as
provided by Subsection (b), a license issued under Section 31.041:
(1) is valid for two years from the date of issuance;
and
(2) may not be transferred to another person.
(b) A license issued under Section 31.041 in the name of a
business remains valid for the business location specified on the
license if a change of ownership or business name occurs.
(c) A license issued under Section 31.041 may be transferred
to a new address if:
(1) a business moves to another location; and
(2) a change of ownership has not occurred.

Added by Acts 2003, 78th Leg., ch. 200, § 8(g), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 7, eff. Sept. 1, 2003.

§ 31.0412. LICENSING RULES. The commission may adopt
rules regarding licenses issued under Section 31.041, including
rules:
(1) regarding license transfer procedures;
(2) prescribing application forms;
(3) regarding application and renewal procedures;
(4) prescribing reporting and recordkeeping
requirements for license holders; and
(5) setting fees to be charged for:
(A) a transferred license; or
(B) a replacement license.

Added by Acts 2003, 78th Leg., ch. 200, § 8(g), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 7, eff. Sept. 1, 2003.

§ 31.0413. EXEMPTION FROM DEALER LICENSING
REQUIREMENTS. The dealer licensing provisions of this subchapter
do not apply to the sale of a canoe, kayak, punt, rowboat, rubber
raft, paddleboat, or other vessel that is less than 12 feet in
length and has a horsepower rating of five horsepower or less or to
the sale of an outboard motor with a manufacturer's rating of five
horsepower or less.

Added by Acts 2003, 78th Leg., ch. 200, § 8(g), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 7, eff. Sept. 1, 2003.

§ 31.042. CANCELLATION OF CERTIFICATES OF NUMBER;
GROUNDS. (a) A certificate of number may be cancelled and the
identification number voided by the department even though the
action occurs before the expiration date on the certificate and
even though the certificate is not surrendered to the department.
(b) Causes for cancellation of certificates and voiding of
numbers include:
(1) surrender of the certificate for cancellation;
(2) issuance of a new number for the same vessel;
(3) false or fraudulent certification in an
application for number;
(4) failure to pay the prescribed fee; and
(5) dismantling, destruction, or other change in the
form or character of the vessel or outboard motor so that it is no
longer correctly described in the certificate or it no longer meets
the definition of a vessel or outboard motor.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(d), eff.
Sept. 1, 1977; Acts 1993, 73rd Leg., ch. 450, § 13, eff. Sept. 1,
1993; Acts 2003, 78th Leg., ch. 200, § 8(h), eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1133, § 8, eff. Sept. 1, 2003.

§ 31.043. MANUFACTURER'S IDENTIFICATION
NUMBER. (a) All vessels manufactured in Texas for sale and all
vessels sold, numbered, or titled in Texas shall carry a
manufacturer's hull identification number clearly imprinted on the
structure of the vessel or displayed on a plate permanently
attached to the vessel. Except as required to comply with Section
31.024 or 31.047, this subsection does not apply to a vessel that is
not required by the United States Coast Guard to have a hull
identification number.
(b) The owner of a vessel that does not have a
manufacturer's hull identification number may file an application
for a hull identification number with the department on forms
approved by it. The application must include a sworn statement
describing the vessel, proving legal ownership, and, if known,
stating the reason for the lack of hull identification number. The
application must be signed by the owner of the vessel and must be
accompanied by a fee of $25 and a certificate from a game warden
commissioned by the department stating that the vessel has been
inspected by the officer and appears to be as applied for. On
receipt of the application in approved form, the department shall
enter the information on the records of its office and shall issue
to the applicant a hull identification number.
(c) No person may intentionally or knowingly destroy,
remove, alter, cover, or deface an outboard motor serial number,
the manufacturer's hull identification number or plate bearing the
hull identification number, or the hull identification number or
serial number issued by the department. No person may possess a
vessel with a hull identification number or an outboard motor with a
serial number that has been altered, defaced, mutilated, or
removed.
(d) A person who has a vessel with an altered, defaced,
mutilated, or removed hull identification number or an outboard
motor with an altered, defaced, mutilated, or removed serial number
shall file a sworn statement with the department describing the
vessel or outboard motor, proving legal ownership, and, if known,
stating the reason for the destruction, removal, or defacement of
the number. The statement must be accompanied by a fee of $25 and a
certificate from a game warden commissioned by the department that
the vessel or outboard motor has been inspected by the officer and
appears to be as applied for. On receipt of the statement in
approved form, the department shall enter the information on
records of its office and shall issue to the applicant a hull
identification number or outboard motor serial number.
(e) This section does not apply to vessels with a valid
marine document issued by the United States Coast Guard's National
Vessel Documentation Center or a federal agency that is a successor
to the National Vessel Documentation Center.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1328, ch. 277, § 5, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 5, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, § 14, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1363, § 4, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1099, § 1, eff. Sept. 1, 1999.

§ 31.044. INSPECTIONS. A dealer, distributor, or
manufacturer may not refuse to allow the department or a peace
officer to inspect a vessel, outboard motor, or records relating to
the possession, origination, ownership, or transfer of a vessel or
outboard motor at a dealership or distributor's or manufacturer's
place of business during normal business hours.

Added by Acts 2003, 78th Leg., ch. 200, § 8(i), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 9, eff. Sept. 1, 2003.

SUBCHAPTER B-1. CERTIFICATES OF TITLE FOR VESSELS AND OUTBOARD
MOTORS

§ 31.045. OWNERSHIP OF VESSELS AND OUTBOARD MOTORS;
CERTIFICATES OF TITLE. (a) The ownership of a vessel or of an
outboard motor is evidenced by a certificate of title issued by the
department, unless the vessel or the outboard motor is new.
(b) The ownership of a new vessel or a new outboard motor is
evidenced by a manufacturer's or an importer's certificate executed
on a form prescribed by the department.
(c) Separate certificates are required for vessels and for
outboard motors.
(d) The ownership of a vessel exempted from numbering under
Section 31.022(c) of this code is not required to be evidenced by a
certificate of title issued by the department.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 450, § 16,
eff. Sept. 1, 1993.

§ 31.046. APPLICATION FOR CERTIFICATE OF
TITLE. (a) Except as provided in Subsections (b) and (c) of this
section, the purchaser of a vessel or an outboard motor shall apply
to the department or to a county tax assessor-collector for a
certificate of title not later than 20 days after the date of the
sale of the vessel or outboard motor.
(b) A manufacturer or a dealer who sells a vessel or an
outboard motor to a person other than a manufacturer or a dealer
shall apply to the department or to a county tax assessor-collector
for a certificate of title for the vessel or outboard motor in the
name of the purchaser not later than 20 days after the date of the
sale.
(c) A dealer who acquires a vessel or an outboard motor,
other than a new vessel or outboard motor, is not required to apply
for a certificate of title in the name of the dealer, but on resale
of the vessel or outboard motor shall apply for the subsequent
purchaser under Subsection (b) of this section and shall submit to
the department or to a county tax assessor-collector the endorsed
certificate of title acquired by the dealer.
(d) The department or county tax assessor-collector may not
issue a certificate of title unless the tax due on the vessel or
outboard motor under Chapter 160, Tax Code, is paid.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1353, ch. 607,
§ 4, eff. Aug. 27, 1979; Acts 1991, 72nd Leg., 1st C.S., ch. 5,
§ 7.06, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 450, §
16, eff. Sept. 1, 1993.

§ 31.0465. APPEAL REGARDING CERTIFICATE OF TITLE; BOND;
RULES. (a) An applicant for a certificate of title under Section
31.046 may appeal the department's refusal to issue the title by
filing a bond with the department as provided by this section.
(b) A bond filed under this section must be:
(1) in the form prescribed by the department;
(2) executed by the applicant;
(3) issued by a person authorized to act as a surety
business in this state;
(4) in an amount equal to 1-1/2 times the value of the
vessel or outboard motor as determined by the department; and
(5) conditioned to indemnify all prior owners and
lienholders and all subsequent purchasers of the vessel or outboard
motor or persons who acquire a security interest in the vessel or
outboard motor, and their successors in interest, against any
expense, loss, or damage, including reasonable attorney's fees,
resulting from:
(A) the issuance of the certificate of title for
the vessel or outboard motor; or
(B) a defect in or undisclosed security interest
in the right, title, or interest of the applicant to or in the
vessel or outboard motor.
(c) The department may issue the certificate of title to the
person filing the bond if the applicant proves to the satisfaction
of the department that:
(1) the vessel or outboard motor is not stolen; and
(2) issuance of a certificate of title would not
defraud the owner or a lienholder of the vessel or outboard motor.
(d) A person described by Subsection (b)(5) has a right of
action to recover on the bond for a breach of a condition of the bond
described by Subsection (b)(5). The aggregate liability of the
surety to all persons may not exceed the amount of the bond.
(e) A bond filed under this section expires on the third
anniversary of the date the bond became effective. The department
shall return an expired bond to the person who filed the bond unless
the department has been notified of a pending action to recover on
the bond.
(f) On return of a bond under Subsection (e), the department
shall issue a certificate of title to the person to whom the bond is
returned.
(g) In addition to the situation described by Subsection
(c), the commission by rule may define acceptable situations in
which certificates of title may be issued after the filing of a bond
under this section.

Added by Acts 2003, 78th Leg., ch. 200, § 8(j), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 10, eff. Sept. 1, 2003.

§ 31.047. APPLICATION; FORM AND CONTENT; FEE. (a) A
person may apply for a certificate of title on a form prescribed by
the department.
(b) The form must contain:
(1) the name and address of the owner;
(2) a description of the vessel or outboard motor,
including, as appropriate, the manufacturer, make, model, year,
length, construction material, manufacturer's or builder's number,
hull identification number (HIN), motor number, outdrive number,
and horsepower;
(3) name and address of purchaser;
(4) date of purchase;
(5) name and address of any security interest owner;
(6) the appropriate affidavit as required by Section
160.042, Tax Code; and
(7) other information required by the department to
show the ownership of the vessel or outboard motor, a security
interest in the vessel or outboard motor, or a further description
of items listed in the subdivision.
(c) The application must be accompanied by other evidence
reasonably required by the department to establish that the
applicant or other person is entitled to a certificate of title or a
noted security interest. The evidence may include:
(1) a certificate of title issued by another state or
jurisdiction;
(2) a manufacturer's or importer's certificate;
(3) a bill of sale, assignment, or contract;
(4) a promissory note;
(5) a security agreement;
(6) an invoice;
(7) a bill of lading;
(8) an affidavit;
(9) a probate or heirship proceeding or information;
(10) a judgment of a court of competent jurisdiction;
(11) evidence of an involuntary transfer as defined in
Subdivision (5) of Subsection (a) of Section 31.053, as amended,
which may be in affidavit form attaching copies of any pertinent
underlying documents; or
(12) other documents.
(d) An application for a certificate of title must be
accompanied by the fee required by Section 31.048 of this code.
(e) The department shall be authorized to issue
certificates of title on an accelerated basis upon the payment of a
fee in addition to the fees provided in Section 31.048 of this code
as determined periodically by the department based on regulations
the department shall establish.
(f) An application for a certificate of title on a homemade
vessel, the origin of which is based on the affidavit of the person
building the vessel, proof of materials incorporated into the
vessel, and the like, must be accompanied by a certificate from a
game warden commissioned by the department that the vessel has been
inspected by such officer and appears to be as applied for. The
applicant shall pay a fee of $25 to the department for this
inspection.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 4060, ch. 636,
§ 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 1013, § 1,
eff. June 19, 1987; Acts 1989, 71st Leg., ch. 498, § 1, eff.
Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 12, § 2(22),
eff. Sept. 6, 1990; Acts 1993, 73rd Leg., ch. 450, § 17, eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1099, § 2, eff. Sept. 1,
1999.

§ 31.048 FEE. (a) The fee for the issuance of a
certificate of title or for the notation of a security interest,
lien, or other encumbrance is $5 or an amount set by the commission,
whichever amount is more, and is treated as fees collected under
Section 31.026 of this code.
(b) If the fee is collected by a county tax
assessor-collector, the tax assessor-collector shall retain 10
percent of the fee collected and send the remainder to the
department. The amount retained by the tax assessor-collector
shall be deposited to the credit of the officers salary fund of the
county to be used for the sole purpose of paying the salaries of
persons issuing vessel and outboard motor certificates of title.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1259, ch. 484,
§ 9, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1353, ch. 607,
§ 5, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1328, ch. 277,
§ 6, eff. Sept. 1, 1983.; Acts 1985, 69th Leg., ch. 267, art. 2,
§ 6, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, § 18,
eff. Sept. 1, 1993.

§ 31.049. FORM OF CERTIFICATE OF TITLE. (a) A
certificate of title must be on a form prescribed by the department
and must contain:
(1) the name and address of the owner of the vessel or
outboard motor;
(2) the name of the owner of a security interest in the
vessel or outboard motor; and
(3) a description of the vessel or outboard motor.
(b) If there is no lien on the vessel or outboard motor, the
original certificate of title shall be delivered to the owner and a
copy retained by the department.
(c) If there is a lien on the vessel or outboard motor, the
original certificate of title shall be sent to the first lienholder
and a copy shall be retained by the department.
(d) "Original" shall be printed on an original certificate
of title and "duplicate original" shall be marked on a duplicate of
the original certificate.
(e) Title may be transferred by surrender of the original
certificate of title properly endorsed to show the transfer, by
evidence of an involuntary transfer as defined in Subdivision (5)
of Subsection (a) of Section 31.053, or by following the provisions
of Subsection (c) of Section 31.053 of this code.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 4061, ch. 636,
§ 2, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 450, § 19,
eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 200, § 8(k), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, § 11, eff. Sept.
1, 2003.

§ 31.050. FORM OF MANUFACTURER'S AND IMPORTER'S
CERTIFICATE. (a) A manufacturer's certificate or an importer's
certificate must include:
(1) a description of the vessel or outboard motor as
required by Subdivision (2) of Subsection (b) of Section 31.047 of
this code;
(2) the name and place of construction or other
origin;
(3) the signature of the manufacturer or an equivalent
of the signature of the manufacturer; and
(4) the endorsement of the original and each
subsequent transferee, including the applicant for the original
certificate of title.
(b) A lien, security interest, or other encumbrance may not
be shown on a manufacturer's or importer's certificate.
(c) A security interest in a vessel or outboard motor held
as inventory by a person who is in the business of selling or
leasing goods of that kind may be perfected only by complying with
Chapter 9, Business & Commerce Code.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 668, ch. 152,
§ 1, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 450, § 20,
eff. Sept. 1, 1993.

§ 31.051. REPLACEMENT CERTIFICATES. The department
shall provide by regulation for the replacement of lost, mutilated,
or stolen certificates.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977.

§ 31.052. SECURITY INTEREST LIENS. (a) Except as
provided in Subsection (c) of Section 31.050 of this code and except
for statutory liens, security interests in a vessel or outboard
motor shall be noted on the certificate of title of the vessel or
outboard motor to which the security interest applies.
(b) In case of any conflict between this code and Chapters 1
through 9 of the Business & Commerce Code, the provisions of the
Business & Commerce Code control.

Added by Acts 1977, 65th Leg., p. 1255, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 669, ch. 152,
§ 2, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 4062, ch. 636,
§ 3, eff. Aug. 29, 1983; Acts 1991, 72nd Leg., ch. 16, §
15.01, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 450, § 21,
eff. Sept. 1, 1993.

§ 31.053. TRANSFERS OF VESSELS AND OUTBOARD
MOTORS. (a) No person may sell, assign, transfer, or otherwise
dispose of an interest in a vessel or an outboard motor without:
(1) if the transferee is not a manufacturer or a dealer
and the vessel or outboard motor is new, delivering to the
department a manufacturer's or importer's certificate showing the
endorsement of the manufacturer and all intervening owners;
(2) if the transferee is a manufacturer or a dealer and
the vessel or outboard motor is new, delivering to the transferee a
manufacturer's or importer's certificate showing the endorsement of
the manufacturer and all intervening owners;
(3) if the vessel or outboard motor is not covered by a
certificate of title or a manufacturer's or importer's certificate
and if the transferor is a manufacturer or dealer, delivering to the
department sufficient evidence of title or other information to
permit the issuance of a certificate of title for the vessel or
outboard motor in the name of the transferee;
(4) if the vessel or outboard motor is not covered by a
certificate of title or a manufacturer's or importer's certificate
and if the transferor is not a manufacturer or dealer, delivering to
the transferee sufficient evidence of title or other information to
permit the transferee to apply for and receive a certificate of
title for the vessel or outboard motor in the name of the
transferee; or
(5) delivering to the transferee a certificate of
title for the vessel or outboard motor in the name of the transferor
and properly endorsed to show the transfer or evidence of an
involuntary transfer.
(b) For the purposes of Subsection (a)(5) of this section an
involuntary transfer shall mean the transfer of ownership pursuant
to a contractual or statutory lien which confers the power or right
to the transfer. The evidence shall reflect the proper exercise of
the right conferred pursuant to the lien.
(c) The transferor shall provide the documents or evidence
required by Subsection (a) of this section to the department or the
transferee, as appropriate, in sufficient time to allow the
transferee to register and obtain a certificate of title for the
vessel or outboard motor not later than 20 days after the date of
the sale.
(d) Notwithstanding the provisions of Subsection (a) of
this section, a buyer of a new vessel or a new outboard motor in the
ordinary course of business as provided in Section 9.320(a),
Business & Commerce Code, takes the interest free of security
interests as provided in that section. A buyer of a vessel or
outboard motor that is not new shall be governed by Subsection (a)
of this section.
(e) The transferee shall provide the department with
sufficient evidence of ownership for transfer of a vessel or
outboard motor if the transferee:
(1) failed to obtain the title from the transferor or
the title was lost, stolen, or mutilated before the transfer was
made; and
(2) has made reasonable efforts to contact the
transferor to obtain the required documentation.
(f) A person who is not licensed as a dealer, distributor,
or manufacturer under this chapter must obtain a certificate of
number or certificate of title to a vessel or outboard motor in the
person's name before transferring the certificate of number or
certificate of title.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 4063, ch. 636,
§ 4, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 283, § 1,
eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 450, § 22, eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 414, § 2.33, eff. July
1, 2001; Acts 2003, 78th Leg., ch. 200, § 8(l), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 12, eff. Sept. 1, 2003.

§ 31.055. EXCEPTIONS. This subchapter does not apply to
vessels with a valid marine document issued by the United States
Coast Guard's National Vessel Documentation Center or a federal
agency that is a successor to the National Vessel Documentation
Center.

Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 450, § 23,
eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1099, § 3, eff.
Sept. 1, 1999.

SUBCHAPTER C. REQUIRED EQUIPMENT

§ 31.061. UNIFORMITY OF EQUIPMENT REGULATIONS; STATE
POLICY. It is the policy of the state that all equipment rules and
regulations enacted under the authority granted in this chapter be
uniform and consistent with the equipment provisions of this
chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.062. OPERATION OF VESSELS WITHOUT REQUIRED
EQUIPMENT PROHIBITED. No person may operate or give permission for
the operation of a vessel that is not provided with the equipment
required by this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.063. CLASSES OF MOTORBOATS. Motorboats subject to
the provisions of this chapter are divided into four classes
according to length as follows:
Class A. Less than 16 feet in length.
Class 1. 16 feet or over and less than 26 feet in length.
Class 2. 26 feet or over and less than 40 feet in length.
Class 3. 40 feet in length or over.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.064. LIGHTS. A vessel or motorboat when not at
dock must have and exhibit at least one bright light, lantern, or
flashlight from sunset to sunrise in all weather. A vessel or
motorboat when underway between sunset and sunrise in all weather
must have and exhibit the lights prescribed by the commandant of the
Coast Guard for boats of its class. No other lights that may be
mistaken for those prescribed may be exhibited.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 422, § 1, eff. Sept. 1,
1993.

§ 31.065. SOUND-PRODUCING DEVICES. A motorboat must
have an efficient whistle or other sound-producing device if one is
required by the commandant of the Coast Guard.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 422, § 1, eff. Sept. 1,
1993.

§ 31.066. LIFE PRESERVING DEVICES. (a) A motorboat
must have at least one life preserver, life belt, ring buoy, or
other device of the sort prescribed by the regulations of the
commandant of the Coast Guard for each person on board, so placed as
to be readily accessible.
(b) A motorboat carrying passengers for hire must have a
readily accessible life preserver of the sort prescribed by the
regulations of the commandant of the Coast Guard for each person on
board.
(c) The operator of a class A or class 1 motorboat, while
underway, shall require every passenger under 13 years of age to
wear a life preserver of the sort prescribed by the regulations of
the commandant of the Coast Guard. A life belt or ring buoy does not
satisfy this requirement.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 543, § 2, eff. June 14,
1989.

§ 31.067. FIRE EXTINGUISHERS. (a) A motorboat must
have the number, size, and type of fire extinguishers prescribed by
the commandant of the Coast Guard.
(b) The fire extinguishers must be capable of promptly and
effectively extinguishing burning gasoline. They must be kept in
condition for immediate and effective use at all times and must be
placed so as to be readily accessible.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.068. FLAME ARRESTORS; BACKFIRE TRAPS. A motorboat
must have the carburetor or carburetors of every engine using
gasoline as fuel, except outboard motors, equipped with an
efficient flame arrestor, backfire trap, or other similar device
prescribed by the regulations of the commandant of the Coast Guard.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.069. VENTILATORS. Each motorboat and vessel,
except an open boat, using as fuel any liquid of a volatile nature
must have the equipment prescribed by the commandant of the Coast
Guard designed to ventilate properly and efficiently the bilges of
the engine and fuel tank compartments so as to remove any explosive
or inflammable gases.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 31.070. EXHAUST WATER MANIFOLD; MUFFLER. A motorboat
operating on the water of this state must have an exhaust water
manifold or a factory-type muffler installed on the engine.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 543, § 3, eff. June 14,
1989.

§ 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, § 1, eff. Sept. 1, 1975.

§ 31.073. CANOES, PUNTS, ROWBOATS, SAILBOATS, RUBBER
RAFTS, RACING SHELLS, ROWING SCULLS, AND RACING KAYAKS; EQUIPMENT
EXEMPTIONS. (a) All canoes, punts, rowboats, sailboats, and
rubber rafts when paddled, poled, oared, or windblown are exempt
from all safety equipment requirements except the following:
(1) one Coast Guard approved lifesaving device for
each person aboard; and
(2) the lights prescribed by the commandant of the
Coast Guard for class A vessels and required under Section 31.064.
(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 class A 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 236, § 1, eff. Sept. 1,
1997.

SUBCHAPTER D. BOATING REGULATIONS

§ 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, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 1274, ch. 496, § 1, eff. Aug.
29, 1977; Acts 1989, 71st Leg., ch. 2, § 14.27(a)(5), eff. Aug.
28, 1989.

§ 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, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 313, § 1, eff. Sept. 1,
1989.

§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 10, eff.
Sept. 1, 1985.

§ 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, § 1, eff. Sept. 1, 1975.

§ 31.099. CIRCULAR COURSE AROUND FISHERMAN OR
SWIMMER. (a) No person may operate a motorboat in a circular
course around any other boat any occupant of which is engaged in
fishing or around any person swimming.
(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, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 226, § 1, eff. Sept. 1,
1991.

§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 421, § 1, eff. Sept. 1,
1993.

§ 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, § 1, eff. Sept. 1, 1975.

Amendment by Acts 1975, 64th Leg., p. 108, ch. 48, § 1

The Code Construction Act in V.T.C.A. Government Code, §
311.031(c), provides, in part, that the repeal of a statute by a
code does not affect an amendment of the statute by the same
legislature which enacted the code and that the amendment is
preserved and given effect as part of the code provision.

Acts 1975, 64th Leg., p. 108, ch. 48, § 1, purports to amend
Vernon's Ann.Civ.St. art. 9206, § 24, by adding a subsec. (g),
without reference to repeal of said article by Acts 1975, 64th Leg.,
p. 1804, ch. 545, § 2(a)(4). As so added, subsec. (g) reads:

"A person who intentionally or knowingly violates or fails to
comply with the provisions of Subsection (a), Section 21 of this Act
[now, this section] is guilty of a misdemeanor and on conviction is
punishable by confinement in jail for a term not to exceed one year,
or by a fine not to exceed $2,000, or by both."

§ 31.105. ACCIDENT REPORTS. (a) The operator of a
vessel involved in a collision, accident, or other casualty that
results in death or injury to a person or damage to property in
excess of $500 shall file with the department on or before the
expiration of 30 days after the incident a full description of the
collision, accident, or casualty in accordance with regulations
established by the department.
(b) The accident reports are confidential and are
inadmissible in court as evidence.
(c) On request made by an authorized official or agency of
the United States, any information available to the department
under Subsection (a) of this section shall be sent to the official
or agency.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 835, ch. 311, § 1, eff. May
30, 1977; Acts 1989, 71st Leg., ch. 543, § 4, eff. June 14, 1989.

§ 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 16 years of age, unless
the operator:
(A) is accompanied by a person at least 18 years
of age; or
(B) is at least 13 years of age and has
successfully completed a boating safety course prescribed and
approved by the department;
(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, § 2, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 739, § 2, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1363, § 5, eff. Sept. 1, 1997.

§ 31.107. OPERATION OF MOTORBOAT. No person may operate
a motorboat of over 15 horsepower on the public waters of this state
unless the person is 16 years of age or older or:
(1) is accompanied by a person (18) years of age or
older; or
(2) is at least 13 years of age and has successfully
passed a boating safety course prescribed and approved by the
department.

Added by Acts 1989, 71st Leg., ch. 1006, § 1, eff. Sept. 1, 1989.
Renumbered from § 31.106 by Acts 1990, 71st Leg., 6th C.S., ch.
12, § 2(23), eff. Sept. 6, 1990. Amended by Acts 1997, 75th
Leg., ch. 1363, § 6, eff. Sept. 1, 1997.

§ 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, as the requirement
exists on January 1, 1997, established by the National Association
of State Boating Law Administrators;
(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.
(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.

Added by Acts 1997, 75th Leg., ch. 1363, § 7, eff. Sept. 1, 1997.

§ 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, 1984; and
(2) operating on the public water of this state:
(A) a vessel powered by a motor of 10 horsepower
or more; or
(B) a windblown vessel over 14 feet in length.
(b) A person subject to this section must have in the
person's possession:
(1) a photographic identification card; and
(2) a boater identification card issued by the
department.
(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) Upon proof of completion of a boater safety education
course a court shall dismiss a violation of Subsections (b)(1) and
(2).

Added by Acts 1997, 75th Leg., ch. 1363, § 7, eff. Sept. 1, 1997.

§ 31.110. EXEMPTION FROM BOATER EDUCATION COURSE
REQUIREMENT. 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:
(A) is otherwise exempt from the requirements of
Section 31.109 or possesses a boater identification card as
required by Section 31.109; and
(B) is at least 18 years of age;
(3) is at least 18 years of age;
(4) 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; or
(5) is exempt by rule of the department.

Added by Acts 1997, 75th Leg., ch. 1363, § 7, eff. Sept. 1, 1997.

§ 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, § 7, eff. Sept. 1, 1997.

SUBCHAPTER E. ENFORCEMENT AND PENALTIES

§ 31.121. ENFORCEMENT OFFICERS. (a) All peace
officers of this state and game wardens commissioned by the
commission 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.
(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) Game wardens may assist in the search for and rescue of
victims of water-oriented accidents.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1363, § 8, eff. Sept. 1,
1997.

§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 543, § 5, eff. June 14,
1989.

§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 543, § 6, eff. June 14,
1989.

§ 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, § 1, eff. Sept. 1, 1975.

§ 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, § 1, eff. Sept. 1, 1975.

§ 31.126. VENUE. (a) Venue for an alleged violation or
offense under the provisions of this chapter is in the justice court
or county 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, § 1, eff. Sept. 1, 1975.

§ 31.127. PENALTIES. (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 of
this code commits an offense that is a Class B Parks and Wildlife
Code misdemeanor.
(c) 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.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 12, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 185, § 2, eff. July 1,
1989; Acts 1997, 75th Leg., ch. 1363, § 9, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 200, § 8(m), eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1133, § 13, eff. Sept. 1, 2003.

§ 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, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 39, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1363, § 10, eff. Sept. 1, 1997.

§ 31.129. VIOLATION OF SEWAGE DISPOSAL
REGULATIONS. (a) A person who violates or fails to comply with a
rule of the Texas Natural Resource Conservation Commission
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.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 13, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 24, eff. Sept.
1, 1997.

§ 31.130. BOATER EDUCATION COURSE PERMITTED IN LIEU OF
FINE. (a) Except as provided by Section 31.131, this section
applies to a person who violates for the first time a provision of
this chapter relating to the operation of a vessel.
(b) A justice may defer imposition of a fine and place a
defendant on probation for a period not to exceed 60 days if the
defendant:
(1) pleads guilty or nolo contendere or is found
guilty; and
(2) requests permission from the court to attend a
boater education course.
(c) The justice shall require the defendant to successfully
complete a boater education course approved by the department
during the probation period.
(d) If the defendant presents satisfactory evidence that
the defendant has successfully completed the boater education
course, the justice shall waive imposition of a fine. If the
defendant fails to successfully complete the boater education
course, the justice shall impose a fine for the violation.

Added by Acts 1997, 75th Leg., ch. 1363, § 11, eff. Sept. 1,
1997.

§ 31.131. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN
VIOLATIONS. (a) A justice shall require a person who is adjudged
guilty of an offense resulting from the violation of a provision of
Sections 31.094-31.103 or 31.106 to:
(1) pay any fine imposed for the violation; and
(2) successfully complete a boater education course
approved by the department not later than the 90th day after the
date the person is adjudged guilty.
(b) If the person fails to successfully complete the boater
education course, the person commits an offense that is a Class A
Parks and Wildlife Code misdemeanor.

Added by Acts 1997, 75th Leg., ch. 1363, § 11, eff. Sept. 1,
1997.

§ 31.132. REPORTING PROCEDURES FOR ENFORCEMENT
OFFICERS. A marine safety enforcement officer shall provide to the
department on a form prescribed by the department a report of any
incident the officer investigates that involves a boating accident,
water fatality, or person who allegedly operates a boat while
intoxicated. The officer shall provide the report not later than
the 15th day after the date the incident occurred.

Added by Acts 1997, 75th Leg., ch. 1363, § 11, eff. Sept. 1,
1997.

SUBCHAPTER F. WATER FACILITIES

§ 31.141. BOAT RAMPS. (a) The department may
construct and maintain boat ramps and access roads by the use of
existing or additional services or facilities of the department.
(b) On the completion of the work, the department shall
prepare and send vouchers to the comptroller of public accounts
payable to the department or to any person, firm, or corporation for
reimbursement for the work, and the comptroller shall issue
warrants on the game, fish, and water safety account to reimburse
the department or any person, firm, or corporation for the work
performed.
(c) The department may remove sand, silt, and other
materials from state-owned submerged land and may contract for the
removal of sand, silt, and other materials from state-owned
submerged land to provide access to boat ramps.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1069, ch. 499, § 1, eff. Aug.
27, 1979; Acts 1993, 73rd Leg., ch. 679, § 40, eff. Sept. 1,
1993.

§ 31.142. BUOYS AND MARKERS. The department may provide
for a standardized buoy-marking program for the inland water of the
state. The department may purchase and provide the controlling
agency of the water bodies with buoys and markers.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 41, eff. Sept. 1,
1993.