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Texas Parks and Wildlife Code - Chapter 31 Water SafetyLegal Research Home > Texas Lawyer > Parks and Wildlife Code > Texas Parks and Wildlife Code - Chapter 31 Water Safety This chapter may be cited as the Water Safety Act. Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. ... 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 ... 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. ... 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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (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) An application for the renewal of each certificate of number shall be prepared by the department and mailed to the owner of the vessel ... (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 ... 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 ... 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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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., ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... The commission may adopt rules regarding licenses issued under Section 31.041, including rules: (1) regarding license transfer procedures; (2) prescribing application and license agreement forms; ... 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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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, ... (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 ... (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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... (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 ... (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 ... 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 ... 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 ... 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, ... (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 ... (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 ... (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: ... 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 ... (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, ... 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., ... 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 ... (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 ... 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 ... No person may operate a motorboat so as to create a hazardous wake or wash. Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, ... (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 ... (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 ... (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 ... 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, ... (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 ... (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 ... 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 ... (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 ... (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 ... 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 ... (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; ... (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 ... 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 ... (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 ... (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 ... Only the department and police water safety vessels may use rotating or flashing blue beacon lights. Acts 1975, 64th Leg., p. 1405, ch. 545, § ... 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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (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. ... 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 ... Texas Lawyers
Last modified: August 10, 2007 |