Texas Parks And Wildlife Code Title 4, Chapter 31 - Water Safety

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 31.001 - Title
  This chapter may be cited as the Water Safety Act. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
• Texas Section 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...
• Texas Section 31.003 - Definitions
  In this chapter: (1) "Boat" means a vessel not more than 65 feet in length, measured from the tip of the bow in a straight...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B IDENTIFICATION OF VESSELS; REQUIRED NUMBERING

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.032 - Numbering Location And Visibility; Exemption; Decal
  (a) The owner of a vessel shall paint on or attach to each side of the forward half of the vessel the identification number and...
• Texas Section 31.033 - Unauthorized Numbers Prohibited
  (a) No person may paint, attach, or otherwise display on the forward half of a vessel a number other than the number awarded to the...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 31.037 - Change In Ownership Interest; Notice To Department
  (a) The recorded owner of a vessel numbered in this state shall notify the department not later than the 20th day after the date: (1)...
• Texas Section 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...
• Texas Section 31.039 - Public Records; Fees
  (a) Except as provided by Subsection (c), all ownership records of the department made or kept under this chapter are public records. (b) The commission...
• Texas Section 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...
• Texas Section 31.040 - Vessel Liveries
  (a) Before the vessel is rented or let for hire, the owner or operator of a vessel livery shall obtain a certificate of number for...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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 and license agreement forms;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

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

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.0466 - Title For Abandoned Vessel; Bond
  (a) A person may apply for a certificate of title for an abandoned vessel or outboard motor found on the person's property. (b) The department...
• Texas Section 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 owner's...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 31.052 - Security Interest Liens
  (a) Except as provided by this section and Section 31.050(c), and except for statutory liens, security interests in a vessel or outboard motor shall be...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C REQUIRED EQUIPMENT

• Texas Section 31.056 - Fee Exemption For Government Vessels And Outboard Motors
  A fee imposed by this chapter does not apply to a vessel or outboard motor purchased by, owned by, or used exclusively in the service...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.066 - Life Preserving Devices
  (a) A motorboat, including a motorboat carrying passengers for hire, must carry at least one wearable personal flotation device of the sort prescribed by the...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.073 - Canoes, Punts, Rowboats, Sailboats, Rubber Rafts, Racing Shells, Rowing Sculls, Kayaks, And Other Paddle Craft; Equipment Exemptions
  (a) All canoes, kayaks, punts, rowboats, sailboats, rubber rafts, and other paddle craft when paddled, poled, oared, or windblown are exempt from all safety equipment...

SUBCHAPTER D BOATING REGULATIONS

• Texas Section 31.074 - Visual Distress Signal
  (a) In this section: (1) "Coastal waters" means the water that lies within nine nautical miles from the coastline of this state. (2) "Uninspected passenger...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.098 - Hazardous Wake Or Wash
  No person may operate a motorboat so as to create a hazardous wake or wash. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1,...
• Texas Section 31.099 - Prohibition On Circular Course Around Individuals Engaged In Water Activities
  (a) No person may operate a motorboat in a circular course around: (1) any other boat or personal watercraft any occupant of which is engaged...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 31.103 - Water Skis, Aquaplanes, Etc
  Sec. 31.103. WATER SKIS, AQUAPLANES, ETC.: TIME AND MANNER OF OPERATION. (a) No person may operate a vessel on any water of this state towing...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.107 - Operation Of Motorboat
  No person may operate a motorboat powered by a motor with a manufacturer's rating of more than 15 horsepower on the public waters of this...
• Texas Section 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;...
• Texas Section 31.109 - Boater Education Course Required For Certain Persons
  (a) This section applies only to a person who is: (1) born on or after September 1, 1993; and (2) operating on the public water...
• Texas Section 31.110 - Exemption From Boater Education Course Requirement; Deferral Program
  (a) A person is not required to comply with Section 31.109 if the person: (1) holds a master's, mate's, or operator's license issued by the...

SUBCHAPTER E ENFORCEMENT AND PENALTIES

• Texas Section 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...
• Texas Section 31.121 - Enforcement Officers
  (a) In this section: (1) "Game warden" means a person who is commissioned as a game warden by the commission. (2) "State military forces" has...
• Texas Section 31.1211 - Jurisdiction Of Municipal Peace Officers
  (a) Notwithstanding any other law limiting the enforcement jurisdiction of a peace officer, a peace officer of a municipality who is certified as a marine...
• Texas Section 31.122 - Water Safety Vessels: Lights
  Only the department and police water safety vessels may use rotating or flashing blue beacon lights. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.126 - Venue
  (a) Venue for an alleged violation or offense under the provisions of this chapter is in the justice court, county court, or municipal court having...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.129 - Violation And Enforcement Of Sewage Disposal Regulations
  (a) A person who violates or fails to comply with a rule of the Texas Commission on Environmental Quality concerning the disposal of sewage from...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F WATER FACILITIES

• Texas Section 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...
• Texas Section 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....

SUBCHAPTER G PARTY BOATS

• Texas Section 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...
• Texas Section 31.171 - Definitions
  In this subchapter: (1) "Licensed party boat operator" means a person issued a license by the department under this subchapter. (2) "Party boat" means a...
• Texas Section 31.172 - Applicability; Exception
  (a) This subchapter applies only to a party boat that operates on the inland waters of this state. (b) This subchapter does not apply to...
• Texas Section 31.173 - Party Boat Operator And Staff
  (a) Except as provided by Subsection (c), the party boat owner shall provide staff members, including a licensed party boat operator, who: (1) operate and...
• Texas Section 31.174 - Boat Requirements
  A party boat: (1) may not carry more than the maximum number of passengers the boat may safely accommodate as determined by the department on...
• Texas Section 31.175 - Passenger Safety Information; Insurance
  (a) The owner of a party boat shall provide each passenger with written and verbal safety information and require each passenger to sign a form...
• Texas Section 31.176 - Party Boat Operator License
  (a) The commission by rule shall establish, as necessary to protect the public health and safety, the requirements and procedures for the issuance and renewal...
• Texas Section 31.177 - Fees
  (a) The commission by rule shall establish and collect a reasonable fee for: (1) the issuance of a party boat operator license under this subchapter;...
• Texas Section 31.178 - Drug And Alcohol Testing
  If a party boat is involved in an accident causing serious personal injury or death, each staff member on board is subject to mandatory drug...
• Texas Section 31.179 - Enforcement
  (a) In addition to a game warden, any peace officer of a municipality or other political subdivision of this state who is certified as a...
• Texas Section 31.180 - Rules
  The commission shall adopt and enforce rules necessary to implement this subchapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a),...

Last modified: September 28, 2016