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Executive Summary: Staff seek adoption of proposed changes to rules governing party boat operations. The proposed changes would update, reorganize, strengthen, and improve rules relating to the licensure and operation of commercial party boats on inland waters in Texas.
Resumen ejecutivo: El personal solicita la adopción de cambios propuestos en las normas que regulan la operación de los barcos de fiesta. Los cambios propuestos actualizarían, reorganizarían, fortalecerían y mejorarían las normas relacionadas con la concesión de licencias y operación de barcos comerciales de fiesta en aguas interiores de Texas.
REGULATION OF PARTY BOATS
PROPOSAL PREAMBLE
1. Introduction
The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §55.406, amendments to §§55.401-5.403, and 55.405, and new 55.406, 55.408, and 55.410, concerning Party Boats. The proposed repeal, amendments, and new sections would function collectively to modernize, improve, reorganize, and streamline the regulation of commercial party boats on Texas inland waters in the interests of public safety.
In 2007, the 80th Texas Legislature responded to a spate of serious incidents involving commercial party boats (hereinafter, “party boats”) on inland waters by enacting House Bill 12, which amended the Parks and Wildlife Code to add new Chapter 31, Subchapter G, to task the Parks and Wildlife Commission with the duty to regulate the operation of party boats (defined as a vessel operated by the owner of the vessel or an employee of the owner and rented or leased by the owner for a group recreational event for more than six passengers)
on public fresh water as necessary to protect the public health and safety. The commission responded by promulgating 31 TAC Chapter 55, Subchapter H (32 TexReg 10011), which imposed various measures intended to protect and enhance the safety of the public, including requirements for party boat owners to obtain a department-issued license, mandatory annual inspections of party boats, party boat operator standards, limitations on the number of people that may be aboard a party boat while under way with paying passengers, basic emergency and safety requirements, and mandatory minimum liability insurance coverage.
Since 2007, the state has seen explosive growth in population and tourism and a corresponding increase in utilization of public surface water resources for outdoor recreation activities, including party boats, which are quite popular on lakes both large and small. A series of recent incidents caused the department to reassess the efficacy of current rules.
In May of 2018, a woman fell from a party boat on Lake Travis, striking her head and then drowning.
In August of 2021, a party boat on Lake Conroe capsized, throwing 53 passengers into the water along with a substantial quantity of diesel fuel, resulting in the death of one passenger and significant exposure to spilled fuel by the survivors. The vessel had a history of regulatory issues (while operating under another name in another state), was prohibited by the U.S. Coast Guard from operating in federal waters, and had been renamed and relocated to Texas.
In July of 2022, the department arrested the operator of a party boat on Lake Austin and obtained a conviction for Boating While Intoxicated (BWI).
In May and June of 2025, the department conducted saturation patrols (an increased, temporary law enforcement presence on popular public waters during holiday or other high-use periods, intended to protect public safety by counteracting and minimizing common dangerous behaviors) on Lake Austin and Lake Travis, which resulted in 20 violations involving party boats, including: no evidence of inspection, no proof of insurance, passengers on the top deck while under way, inadequate staff preparation and education (e.g., CPR certification, boater education certification), no certificate of number (registration) onboard, unlawful party boat operation, no party boat operator license, and others. At least four boats over 30 feet were found operating illegally by claim of being livery vessels rather than party boats.
In August of 2025, department law enforcement personnel cited a party boat operator for operation without the required insurance, which had been allowed to expire.
Also in August of 2025, a party boat passenger Lake Travis overdosed and died, while in another incident a passenger was injured by a propeller strike.
The department is also aware of instances in which party boat owners have intentionally altered vessel length for the sole purpose of evading the applicability of the subchapter.
This is a sample of some of the major incidents that have occurred; department game wardens routinely encounter situations involving party boats in which borderline dangerous conditions or behavior are observed.
The department concludes, on the basis of continuing issues involving fatalities, injuries, insurance fraud, regulatory evasion, and other violations, that there is widespread intentional non-compliance with basic safety and documentation requirements, which warrants action to strengthen and improve party boat rules in the interest of public health and safety.
The proposed repeal of §55.406, concerning Violations and Penalties, is necessary to make room for proposed new §55.406, concerning Inspections and Certifications.
The proposed amendment to §55.401, concerning Definitions, would alter the definition of “inland waters” and add new definitions for “Owner’s Agent,” “Accredited Marine Surveyor,” “Accredited Naval Architect,” and “Stability Letter.” The current definition of “inland waters” is not completely accurate, as it does not exclude certain border waters with Oklahoma and Louisiana that are considered navigable waters by the federal government and therefore subject to regulation by the U.S. Coast Guard (USCG), which supersede state regulations and are generally considered to be as or more efficacious than state regulations. The proposed amended would add language to make the definition completely accurate. The proposed amendment would define “owner’s agent” as “any person engaged, authorized, or otherwise allowed, directly or indirectly via an intermediary, to operate a vessel that is not owned by the person but is subject to the provisions of this subchapter.” The department has encountered numerous instances of attempted evasion of regulatory compliance in the form of persons employing semantics to claim that some sort of lease or subcontractor arrangement absolves the actual owner of a vessel being used as a party boat from culpability for violations of provisions of the subchapter. Under Parks and Wildlife Code, §31.171, a party boat is defined as “a vessel operated by the owner of the vessel or an employee of the owner.” The statutory definition is, in the determination of the department, unambiguous with respect to the legal responsibilities of a person who owns a vessel being used as a party boat; however, the department seeks to make it abundantly clear that a business arrangement between the owner of a vessel used as a party boat and a person who is technically not an employee of the owner but ultimately operates or oversees the operation of the vessel is irrelevant in the context of determining responsible parties in the course of administrative and enforcement activities. The proposed provision would make this clear.
The proposed amendment would define “accredited marine surveyor” as a person accredited by one of the four recognized professional trade organizations. The proposed rules would require party boats and initially and periodically thereafter to be inspected by an accredited third-party inspector; thus, a definition of the term is necessary to ensure that party boat inspections are conducted by person competent to perform them.
The proposed amendment would define “accredited naval architect” as a person accredited by one of the two recognized professional trade organizations. The proposed rules would require party boats and initially and periodically thereafter to be inspected by an accredited third-party inspector; thus, a definition of the term is necessary to ensure that party boat inspections are conducted by person competent to perform them.
Finally, the proposed amendment would define “stability letter” as “an affidavit from a naval architect or accredited marine surveyor attesting to the loading limits necessary for the safe operation of a vessel used as a party boat” and stipulate an occupancy limit. The proposed rules require every vessel operated as a party boat to be assessed initially and periodically thereafter for seaworthiness and for the particulars of that assessment to be put in writing in the form of a Stability Letter that is then submitted to the department; therefore, a definition of the term is necessary to provide guidance as to the content of the letter.
The proposed amendment to §55.402, concerning Applicability and Exceptions, would make alterations necessary to comport the section with other components of the proposed rulemaking, consisting of the insertion of a reference to proposed new §55.406, concerning Inspections and Certifications, in subsection (b), and the removal of current subsection (c)(2), which is no longer necessary because it address license reciprocity on border waters. Such waters are under USCG jurisdiction and a USCG license is required to operate a party boat; thus, because the proposed amendment would exempt persons in possession of a valid USCG captain’s or pilot license from having to obtain a party boat license in Texas, party boat operators in Louisiana and Oklahoma would meet the exception to licensure in Texas.
The proposed amendment to §55.403, concerning License Required, would alter current subsections (a) and (c) to create an exception to licensing requirements for persons in possession of a valid USCG captain’s or pilot’s license. The department has determined that USCG requirements for such licenses meet or exceed the requirements of this subchapter and therefore the department is satisfied that public safety is not being compromised by allowing federal licensure to be substituted for a party boat operator’s license.
The proposed amendment to §55.405, concerning Employer/Owner Responsibilities, would update the section to comport it with the changes being made in this rulemaking, increase the minimum amount of liability insurance required to be carried, clarify that the liability insurance policy must be applicable on a per-incident basis, stipulate a records retention period, and eliminate current subsections (c) and (d).
The proposed amendment would add language to allow certain USGS certifications to be used in lieu of the inspections and certifications required under the subchapter. The Coast Guard requirements for certification of “K” or “T” class commercial boats meet or exceed the standards that would be imposed under the proposed rules and the department believes that because of that, exempting such vessels from the inspection and certification requirements of the subchapter does not jeopardize public safety.
Current rule requires a party boat operator to maintain a minimum of $300,000 of liability insurance from an insurer licensed to do business in Texas. The requirement for liability insurance is established by Parks and Wildlife Code, §31.175(c); however, the amount of insurance is set by the commission. Although the department considers that a survey of party boat operations indicates that most are carrying liability insurance that exceeds the $300,000 minimum, the department nonetheless believes it is prudent to adjust the minimum value. The current value was established in 2007. Thus, the proposed amendment would increase the required minimum to $500,000 to reflect the fact that the Consumer Price Index has increased significantly since 2007 (49%), and the requirement would represent the bare minimum with respect to the ability to respond to incidents resulting in damages or injuries. The proposed amendment also would clearly state that the insurance required by the subchapter is to be on a per-incident basis. The department has encountered situations in which persons have maintained that because the rules do not stipulate insurance on a per-incident basis, insuring on a per-vessel or per-fleet is therefore sufficient. The department disagrees, maintains that it should be intuitively obvious, and wishes to make this clear in rule. The proposed amendment also would require proof of insurance to be kept on board a party boat at all times and made available upon request to a department employee acting within the scope of official duties. The department believes it is necessary to be able to quickly determine that a party boat operator is in compliance with the minimum insurance requirements at any time the vessel is being used to accommodate paying passengers.
Similarly, the proposed amendment would require the retention of all documentation required by the subchapter for a period of two years, which is the statute of limitations for Parks and Wildlife Code violations under Parks and Wildlife Code, Chapter 31, Subchapter G.
Finally, the proposed amendment would remove current subsections (d) and (e). The provisions of subsection (d) would be relocated to proposed new §55.408, concerning Passenger Safety. Current subsection (e) would be eliminated because passenger load limits would be calculated by an accredited naval architect or marine surveyor as part of the inspection and assessment regime set forth in proposed new §55.406, concerning Inspections and Certifications.
Proposed new §55.406, concerning Inspections and Certifications, would prescribe general and specific requirements related to the department’s ability to determine vessel safety.
Proposed new subsection (a) would clearly state that any person who operates or allows the operation of a vessel as a party boat when the vessel has not been inspected and certified as provided by the subchapter commits a criminal offense. The provision is necessary because the department believes it should be absolutely clear that no vessel is to be operated as a party boat unless it has been determined by the department or the USCG to be safe for that use. The proposed new subsection also would require a stability test to be performed following significant alterations to the vessel’s structure or equipment, or following a reportable incident as described in Parks and Wildlife Code, §31.105, unless the incident does not involve physical damage to the vessel. The department reasons that any development or occurrence that could fundamentally alter a vessel’s seaworthiness or stability merits the performance of a stability test to determine the vessel’s ability to operate safely. Finally, the proposed new subsection would stipulate that when a vessel is required to be the subject of a stability test under the subsection, it is unlawful to operate that vessel as a party boat until the results of the stability test have been submitted to the department and the department has authorized resumption of operation as a party boat. The provision is necessary to provide a verification mechanism for vessels whose safety could potentially be compromised by alteration or incident.
Proposed new subsection (b) would establish a continuing inspection and assessment regime for vessels operated as party boats. Current rule requires a qualifying vessel to pass an annual safety inspection conducted by the department before it can be lawfully used as a party boat. The proposed new rule would replace the current requirement for a single annual inspection conducted by department law enforcement personnel with a new approach that would require 1) an initial comprehensive inspection/certification to be performed by an accredited naval architect or marine surveyor (and department verification of other water safety requirements as a condition of licensure), followed by 2) annual water safety compliance inspections conducted by the department, and 3) additional ongoing inspections by an accredited naval architect or marine surveyor no less frequently than once every five years. In addition to the serious incidents documented earlier in this preamble, the department has encountered numerous problematic issues with respect to compliance and compliance verification, highlighting not only the need for strengthening of regulatory oversight, but new approaches to providing for public safety. However, one significant operational constraint is game warden availability for inspection duties. The department’s law enforcement personnel are tasked with a wide and diverse array of enforcement responsibilities, ranging from the enforcement of recreational hunting and fishing laws to environmental, water safety, and border security matters. There are 136 party boats licensed in Texas and 182 operator licenses currently active in the state and most are concentrated around a handful of large lakes, which places a unique burden on game wardens stationed in those areas with respect to scheduling and conducting the inspections required under current rule. Therefore, the department seeks to address the issue by providing for an initial comprehensive inspection and certification to be performed by an accredited naval architect or marine surveyor as opposed to a game warden (although department game wardens would still, prior to issuance, verify that initial water safety requirements have been satisfied). Not only would this approach provide for an independent, professional assessment of vessel seaworthiness and safety, it would allow party boat owners and operators greater flexibility to schedule and have inspections performed. The proposed new subsection would require an initial inspection to be performed by an accredited naval architect or marine surveyor, consisting of an examination of a prospective party boat in dry dock to assess the integrity of the hull, steerage and propulsion systems, a USCG-approved stability test, and determination of an occupancy limit.
Proposed new subsection (d) would provide for a video inspection to be conducted in lieu of the inspection in dry dock, which is intended to provide an alternative method of compliance in instances where it is impractical or not possible for vessels to be taken out of the water. The rules would require a USCG-approved stability test because such tests are already widely performed, understood, and accepted as efficacious, which is necessary to document in writing the limitations on any given vessel necessary to prevent overloading of passengers, cargo, equipment, and fuel that could cause unsafe operational conditions.
Proposed new subsection (e) would require the acknowledgment required by subsection (c) to be maintained by the owner of the vessel and provided to the department upon request, which is necessary to provide a mechanism for verifying that the licensee has complied with the inspection requirements of the proposed new section.
Proposed new subsection (f) would require an annual water safety compliance inspection to be performed by the department, which would function to provide a continuous process for verifying that party boats and party boat operators are equipped and operating as required by law. The inspection would consist of confirmation of compliance with various statutory requirements of Parks and Wildlife Code, Chapter 31 (registration, lights, sound signal devices, fire extinguishers, passenger safety information, etc.), items mandated by department rules promulgated under Parks and Wildlife Code, Chapter 31 (first-aid kit), and the possession and display of required documentation, all of which the department considers necessary to demonstrate that any given party boat or operator is operating safely as required by law. Proposed new subsection (f) also would prescribe the process for requesting, scheduling, and performing the annual assessment inspection required under the subsection. As noted earlier, the department has experienced logistical and administrative stress with respect to inspections under the current rules. Current rules specify only that a party boat may not be operated unless an annual inspection has been performed within the previous 12 months. The department has determined that it is necessary to provide additional structure and timeliness to the process; therefore, the proposed provisions would require licensees to schedule an assessment inspection not more than 60 nor less than 30 days prior to the annual anniversary date of the inspection for initial licensure and would require the department to conduct the assessment inspection no more than 30 days prior to that date. By organizing and stratifying requests for inspection, the department can impose some sort of order on the process and avoid logjams that occur when multiple licensees wait until the last minute to obtain the inspections they cannot legally continue to operate without having.
Proposed new subsection (g) would require party boats to be inspected in dry dock or by video at five-year intervals by an accredited naval architect or marine surveyor to determine the suitability of the vessel for continued use as a party boat. Party boats are not pleasure craft, they are working vessels subjected to extensive, repetitive use that can impact hull, power, and steerage systems. The department believes it is prudent and appropriate to require party boats to be inspected in dry dock (or via video) at least once every five years to ensure the integrity of such systems.
Proposed new subsection (h) would require the acknowledgment required by subsection (g) to be maintained by the owner of the vessel and provided to the department upon request, which is necessary to provide a mechanism for verifying that the licensee has complied with the inspection requirements of the proposed new section.
Proposed new §55.408, concerning Passenger Safety, would set forth specific provisions intended to advance the safety of passengers aboard party boats. Proposed new subsection (a) would explicitly establish the number and types of personal flotation devices that must be aboard a party boat when it is carrying passengers, including provisions intended to provide adequate water safety for children and minors.
Proposed new subsection (b) would enumerate the specific emergency procedures that a party boat operator would be required to articulate to each paying passenger aboard a party boat and require those procedures to be conspicuously posted aboard the vessel for passenger reference. Those procedures are already required under current §55.405, relating to Employer/Owner Responsibilities, and are being relocated to the new section for greater organizational sense.
Proposed new §55.410, concerning Violations and Penalties, would restate verbatim the contents of current §55.406, which is proposed for repeal to create space for proposed new §55.406, concerning Inspections and Certifications.
2. Fiscal Note.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state government as a result of enforcing or administering the rules as proposed.
There will be fiscal implications for persons required to comply with the rules as proposed, which are identical to those addressed in the discussion of the proposed rules impacts on small and micro businesses later in this preamble.
3. Public Benefit/Cost Note.
Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the protection of public health and safety by enhanced oversight of party boat operators and the safety of other recreational users who share the water with party boats, as well as reduced burdens on first responders.
(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that the proposed rules will impose an adverse economic effect on small businesses and microbusinesses, namely, party boat operators. Department data indicate that there are 136 party boats licensed in Texas and 182 operator licenses currently active in Texas. To ensure that this analysis fully captures all entities that could be affected by the rules, this analysis assumes that all 136 party boats owners qualify as a small or microbusiness. The department has accordingly prepared the economic impact statement and regulatory flexibility analysis described in Government Code, Chapter 2006.
The proposed rules would require prospective licensees to engage an accredited naval architect or accredited marine surveyor to perform an initial inspection of the party boat as a condition of licensure, to consist of an analysis of the vessel’s seaworthiness, a stability test, and the calculation of the maximum number of passengers the vessel is able to carry safely. Following initial licensure, the proposed rules would require an inspection by an accredited naval architect or marine surveyor at least once every five years, and following significant modifications that could affect vessel stability or reportable incidents resulting in damage. The distribution and availability of the services required varies across the state, but based on cursory research, the experience of knowledgeable law enforcement personnel, and anecdotal information, the department has determined that the total cost of compliance for initial licensure could range anywhere between approximately $1,500 and $3,000 per vessel.
The cost of a stability test is dependent on the length of the vessel. The minimum length of a party boat is 30 feet and there is no maximum; however, the largest vessel currently licensed to operate as a party boat is 100 feet long. Department records indicate that there are 81 party boats of between 30 and 41 feet in length (59.5%), 33 party boats of between 41 and 51 feet in length (24.2%), nine party boats of between 51 and 61 feet in length (6.6%), three party boats of between 61 and 71 feet in length (2.2%), two party boats of between 71 and 81 feet in length (1.4%), five party boats of between 81 and 91 feet in length (3.7%), and two party boats of between 91 and 100 feet in length (1.4%). The average length of a party boat is approximately 40 feet, which is approximately 60% of the fleet. Based on observation, inquiry, and anecdotal information, the amount of time necessary to perform a stability test on a 40-foot vessel is approximately three hours. Also based on observation, inquiry, and anecdotal information, the labor cost for a stability test is approximately $120 per hour. Therefore, the department estimates the average cost for a stability analysis to be approximately $360, plus any incidentals such as travel cost, which are incident-dependent and cannot be meaningfully quantified.
The cost of performing an inspection in dry dock (removal from the water) varies, depending on where the vessel is located, the length and tonnage of the vessel, the duration of the inspection, and the business model employed by the contractor. Based on observation, inquiry, and anecdotal information, the department estimates that the cost to dry dock a vessel 40 feet or less in length is approximately $25 per foot in most locations, and the cost for vessels longer than 40 feet in length is approximately $30 per foot. Some contractors charge a flat fee of anywhere from $1,500 to $2,400 to remove vessels from the water. Again, based on observation, inquiry, and anecdotal information, the cost of the actual inspection is estimated to be approximately $190 hour and that most if not all inspections are conducted in less than three hours. Therefore, the department estimates the cost of compliance for inspection, for a 40-foot vessel (the average vessel length in the current fleet), could range from approximately $1,570 to $2,970, consisting of a $1,000 to $2,400 dry-dock fee and $570 for a three-hour inspection at $190 per hour, plus any incidentals such as travel cost, which are incident-dependent and cannot be meaningfully quantified. For the largest party boat, the department estimates the minimum cost of compliance to be approximately $3,570, consisting of a $3,000 dry dock fee and a three-hour inspection cost of $570. The rules as proposed provide for the option of a video inspection in lieu of inspection in dry dock. Based on anecdotal information and data from the Bureau of Labor Statistics, the department estimates that the mean hourly rate for a commercial diver to conduct a survey of a vessel is approximately $40 per hour, to which would be added the cost for an accredited marine surveyor or naval architect to review the stored media for purposes of inspection at $190 per hour. The department anticipates that the dive-time for a survey would not exceed three hours and the time to review the stored media for inspection purposes to be not more than three hours as well; therefore, the cost of compliance with respect to a video inspection in lieu of inspection in dry dock is estimated to be approximately $690.
The proposed rules would require party boats to be equipped with a functional two-way communications apparatus and a First Aid kit in good condition. Current rule requires a party boat operator to post emergency procedures for passengers, including instructions for use of a radio-telephone and the location of First Aid equipment, which suggests that such items are necessary to pass the inspection; the proposed rules would explicitly require them. The department has determined that an appropriate First Aid kit costs approximately $50 to $200. With respect to communications equipment, the department concludes that it would be very rare for a commercial vessel taking paying passengers on trips not to be equipped with some sort of ability to communicate with the shore, especially in the age of cellular phones, but estimates the cost of compliance for two-way communications capability to be anywhere from $100 to $500.
The proposed rules would require party boat operators to carry a minimum of $500,000 of liability insurance on a per-incident coverage basis (the current requirement is for $300,000 of coverage). The department has surveyed the regulated community and determined that approximately 70 percent of party boats already meet this standard, which is to be expected, as it would be prudent business practice to acknowledges the legal risks inherent in the regulated activity; however, to ensure that a credible minimum standard exists, the rules would increase the required coverage by $200,000 to reflect the increase in the Consumer Price Index since 2007. The department estimates that the proposed rules, if adopted, would result in an additional cost of approximately $4,000 per license related to insurance. This figure is based on communications with the regulated community indicating annual premiums of approximately $3,000 for the current minimum coverage and $7,000 for licensees who are already insured at the proposed $500,000 minimum coverage. The department notes again that most and nearly all members of the regulated community carry liability insurance with coverage of $500,000 or greater.
The department has determined that the proposed rules will not impose a direct adverse economic impact on rural communities, as the proposed rules would not directly regulate any local community.
The department considered several alternatives to the rules as proposed.
One alternative considered was status quo. The department rejected this alternative because it has determined that the current rules are insufficient in achieving a statutorily mandated duty to protect public health and safety with respect to regulation of party boats.
Another alternative considered was to increase law enforcement presence and effort on inland waters. This alternative was rejected because current department law enforcement commitments do not allow shifting of sufficient enforcement resources to party boat operations without negatively impacting other enforcement obligations.
A third alternative considered was to increase education and outreach efforts and rely upon the “honor system” to create a safe environment for the public with respect to party boat operations in the state. This alternative was rejected because the current state of affairs demonstrates that the current rules are not sufficient to discharge the agency’s statutory duty to protect the public health and safety; thus, if the “honor system” concept was efficacious, the need for the proposed rules would not exist.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.
(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.
(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of a fee;
(5) not create a new regulation, but will expand an existing regulation (by requiring third-party inspections and certifications of party boats and increasing the minimum liability insurance required for party boats);
(6) neither increase nor decrease the number of individuals subject to regulation; and
(7) not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposed rules may be submitted to Assistant Commander Cody Jones, Boating Law Administrator, at 512.389.4624, email: cody.jones@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.
5. Statutory Authority.
The amendments and new sections are proposed under the authority of Parks and Wildlife Code, §31.176, which requires the commission to promulgate rules regarding the requirements and procedures for the issuance and renewal of a party boat operator license to protect the public health and safety, and §31.180, which requires the commission to adopt and enforce rules necessary to implement Parks and Wildlife Code, Chapter 31, Subchapter G.
The proposed amendments and new sections affect Parks and Wildlife Code, Chapter 31.
6. Rule Text.
§55.401. Definitions. The following words and terms, when used in this subchapter[chapter], shall have the following meanings, unless the context clearly indicates otherwise.
(1) Inland waters — all public waters of this state that lie:
(A) entirely within the state; and
(B) are not designated as navigable waters by the United States Coast Guard (USCG)[on the landward side of the coastal waters boundary as defined in §65.3(15) of this title (relating to Definitions)].
(2) Party boat — a vessel meeting the definition of "party boat" established in Parks and Wildlife Code, §31.171(2).
(3) Passenger — a person carried on board a party boat, but does not include:
(A) the vessel owner or the owner’s agent;
(B) the vessel’s operator or crew members, if they have not provided a consideration for their transportation before, during, or after the voyage; or
(C) a person being trained for the purposes of acquiring a party boat operator’s license.
(4) Owner’s Agent – Any person engaged, authorized, or otherwise allowed, directly or indirectly via an intermediary, to operate a vessel that is not owned by the person but is subject to the provisions of this subchapter.
(5) Accredited Marine Surveyor — A person accredited by one of the following organizations:
(A) National Association of Marine Surveyors (NAMSGlobal);
(B) Society of Accredited Marine Surveyors (SAMS);
(C) Association of Certified Marine Surveyors (ACMS); or
(D) United States Surveyors Association (USSA) / NAVTECH.
(6) Accredited Naval Architect—A person accredited by one of the following organizations:
(A) Society of Naval Architects and Marine Engineers (SNAME); or
(B) American Society of Naval Engineers (ASNE).
(7) Stability Letter—An affidavit from a naval architect or accredited marine surveyor attesting to the loading limits necessary for the safe operation of a vessel used as a party boat. For the purposes of this subchapter, a stability letter must specifically identify the number of persons that may be aboard the vessel without compromising vessel stability with respect to capsizing (hereinafter, “occupancy limit”).
§55.402. Applicability and Exceptions.
(a) This subchapter applies to a party boat that operates on inland waters of this state.
(b) The annual water safety inspection required by this §55.406(c) of this title (relating to Inspections and Certifications)[§55.405(a) of this title (relating to Employer/Owner Responsibilities)] is not required for a vessel that:
(1) is carrying passengers for hire; and
(2) carries a valid and current certificate of inspection issued pursuant to federal law.
(c) A person is not required to obtain a party boat operator’s license if that person possesses[:]
[(1)] a valid and current federal pilot’s or captain’s license issued by the United States Coast Guard or other federal agency.[; or]
[(2) a valid license, issued by a state that shares a body of water with Texas, that is substantively similar in effect and scope to the party boat operator license required by this subchapter, provided:]
[(A) the issuing state allows Texas vessels to operate in the shared waters under the same conditions; and]
[(B) the party boat is operated only in waters shared by the issuing state and the state of Texas.]
(d) This subchapter does not apply to:
(1) a boat that is less than 30 feet in length;
(2) a sailboat; or
[(3) a vessel rented out for profit under a written contract by a vessel livery, as defined by Parks and Wildlife Code, §31.003(8), where all responsibility and liability for operating and provisioning the vessel is assumed by the party renting the vessel; or]
(3)[(4)] any vessel used for training or instructional purposes while it is not being used as a party boat.
§55.403. License Required.
(a) A person may not operate a party boat unless the person:
(1) has in the person’s immediate possession:
(A) a party boat operator’s license issued by the department; or
(B) a current and valid USCG pilot or captain’s license; or
(2) is learning to operate the party boat for the purpose of acquiring a party boat operator’s license and:
(A) is an employee of the owner of the party boat or the owner’s agent; and
(B) is accompanied by a holder of a party boat operator’s license issued by the department and the license holder occupies a space beside the unlicensed operator for the purpose of giving instruction on operating the party boat.
(b) It is a defense to prosecution under subsection (a)(1) of this section that the person charged produces in court:
(1) a party boat operator’s license that was issued to the person and was valid when the offense was committed; or
(2) a current and valid pilot or captain’s license issue by the USCG [a valid license, issued by a state that shares a body of water with Texas, that is substantively similar in effect and scope to the party boat operator license required by this subchapter, provided:]
§55.405. Employer/Owner Responsibilities.
(a) The owner of a vessel meeting the definition of a party boat may not operate or allow the operation of that vessel[a boat] as a party boat unless:
(1) the vessel and the owner are in compliance with the provisions of this subchapter with regard to inspections and certifications required under this subchapter[it has passed an annual water safety inspection conducted or authorized by the department within the previous 12 months]; or
(2) a current, valid, applicable USGS Certificate of Inspection as provided in 46 CFR Subchapter K or T has been issued for the vessel.
(b) The owner of a party boat shall maintain liability insurance of at least $500,000 per incident from an insurance provider authorized to do business in Texas. Proof of insurance must be:
(1) kept aboard the party boat at all times; and
(2) made available for inspection during normal business hours at the request of any department employee acting within the scope of official duties. [The owner of a party boat must maintain at least a minimum of $300,000 of liability insurance from an insurer licensed to do business in this state.]
(c) The owner of a party boat may not knowingly:
(1) permit a person to operate a party boat at any time that the person is prohibited under the provisions of this subchapter from operating a party boat; or
(2) train a person to operate a party boat for purposes of obtaining a party boat operator’s license unless the person is employed by the owner and has completed a boating safety course approved by the department. This paragraph does not apply if six or fewer passengers are aboard at the time a person is being trained.
(d) All documentation required by this subchapter shall be retained for a period of two years from the date the document or digital media is created and made available for inspection during normal business hours at the request of any department employee acting within the scope of official duties.
[(d) The owner of a party boat shall ensure that a list of emergency procedures is posted in a conspicuous location on a party boat at all times that paying passengers are aboard the vessel. The list shall set forth, at a minimum, procedures or instructions for the following:]
[(1) use of radio-telephone, if the vessel is equipped with a radio-telephone;]
[(2) man overboard;]
[(3) fire or explosion;]
[(4) leaks or damage control;]
[(5) location of personal flotation devices;]
[(6) location of escape hatches and escape routes;]
[(7) abandoning ship; and]
[(8) location of first-aid kit.]
[(e) On vessels that do not have or are not required to have a vessel capacity plate, the passenger capacity may be determined from the application of any one of the following formulae to the vessel:]
[(1) one passenger per 30 inches of rail space available to passengers at the vessel’s sides and across the transom;]
[(2) one passenger per 10 square feet of deck area available for passenger use, not including concession stands, toilets, washrooms, companionways, or stairways; and]
[(3) one passenger per 18 inches of width of fixed seating area provided.]
§55.406. Inspections and Certifications.
(a) General.
(1) It is an offense for a party boat owner to operate or allow the operation of a party boat unless the vessel has been inspected and certified as suitable for use as a party boat as prescribed in this section.
(2) The owner of a party boat shall ensure that a stability test is performed by an accredited naval architect or marine surveyor if:
(A) the vessel’s structure or equipment (including, but not limited to, engines, generators, motors, air conditioning units or other major electrical or mechanical systems or components) have been modified to the extent that the weight or weight distribution of the vessel affects or could affect the stability of the vessel under normal operating conditions; or
(B) the vessel is involved in a reportable incident described by Parks and Wildlife Code, §31.105. This subparagraph does not apply to a reportable incident that does not involve physical damage to the party boat.
(C) A vessel subject to the provisions of this paragraph may not be used as a party boat until:
(i) the stability test required under this paragraph has been performed by an accredited naval architect or surveyor; and
(ii) the owner or owner’s agent has submitted the resulting stability letter to the department and received written authorization to resume operation of the vessel as a party boat.
(b) Initial and Continuing Inspection/Certification. A vessel that has never been inspected for use as a party boat must undergo an initial inspection as provided in this paragraph before being used as a party boat. The initial inspection shall be conducted by an accredited naval architect or marine surveyor and shall consist of:
(1) an examination of the vessel in dry dock (including, but not limited to an assessment of the integrity of the vessel’s hull and the external steerage and propulsion system components);
(2) a USCG-approved stability test for the type and size of boat, which must be compliant with the current Assumed Average Weight per Person standard adopted by the USCG for the type and size of boat; and
(3) a statement signed by the accredited naval architect or marine surveyor who conducted the inspection attesting to:
(A) the suitability and safety of the vessel for use as a party boat; and
(B) the occupancy limit of the vessel, to include, if the vessel has multiple decks, the maximum number of persons the boat can safely carry on each deck, together and separately.
(c) A vessel may not be used as a party boat until:
(1) the statement required by subsection (b)(3) of this section has been submitted to the department; and
(2) the owner or owner’s agent has received acknowledgment from the department that the statement has been received.
(d) In lieu of an examination in dry dock, the inspection required by subsection (b) of this section may be performed on the vessel while it is in the water, provided the entire examination is recorded on digital media in such a fashion as to provide visual clarity of detail necessary to determine the seaworthiness of the hull and the integrity of all mechanical components of the vessel that are below the waterline.
(e) The acknowledgment required by subsection (c)(2) of this section must be maintained by the owner or agent and made available at the request of any department employee acting within the scope of official duties.
(f) Annual Water Safety Compliance Inspection and Certification.
(1) Following the inspection and certification required under subsection (a) of this section and continuing for as long as the vessel is used as a party boat, a party boat shall undergo an annual water safety compliance inspection as prescribed in this subsection.
(2) The inspection required under this subsection shall consist of the department’s verification of:
(A) All applicable requirements of Parks and Wildlife Code, Chapter 31, relating or applicable to boat registration, titling, lighting, signaling, and safety equipment;
(B) a current stability letter posted aboard the vessel in compliance with the provisions of this subchapter;
(C) a First Aid kit in good condition aboard the vessel;
(D) an effectively functional two-way communication device (VHF radio or cellular phone with service) aboard the vessel;
(E) the list of emergency procedures enumerated in §55.408 of this title (relating to Passenger Safety), prominently posted in a conspicuous place for the benefit of passengers;
(F) all documentation, including proof of liability insurance, required by this subchapter and Parks and Wildlife Code, Chapter 31; and
(G) the log or records required under the provisions of §55.408(b) of this title indicating that emergency procedures have been communicated to passengers.
(3) The annual water safety inspection required by this subsection shall be conducted not more than 30 days prior to each anniversary of the initial inspection and certification required under subsection (b) of this section.
(4) A permittee must schedule the annual water safety inspection with the department in advance by completing and submitting a request to the department on a form supplied or provided by the department for that purpose.
(A) The request shall be submitted to the department not more than 60 days nor less than 30 days prior to each anniversary of the initial inspection required under subsection (b) of this section. The department will establish a mutually acceptable date for the annual water safety inspection.
(B) The department will not conduct an annual water safety inspection if the owner or representative is not present at the place, date, and time established for the annual water safety inspection under the provisions of subparagraph (A) of this paragraph.
(C) When an annual water safety inspection required by this subsection reflects compliance with the applicable requirements of this subchapter and Parks and Wildlife Code, Chapter 31, the department will provide the owner or representative with documentation of the inspection and the vessel may then be lawfully used as a party boat. Such documentation shall be prominently displayed in a conspicuous location aboard the vessel.
(5) If the annual water safety inspection required by this subsection is not performed before one year has passed since the date of the previous annual inspection, the vessel may not be used as a party boat until an inspection meeting the requirements of subsection (b) of this section has been performed.
(g) Five-year Inspection and Certification.
(1) Beginning the date of the initial inspection, stability test, and certification required by subsection (b) of this section or the effective date of this section, the owner of a party boat shall ensure that an examination of the vessel meeting the requirements of subsection (b) of this section is conducted by an accredited naval architect or marine surveyor not less than once every five years, as applicable.
(2) A statement signed by the accredited naval architect or marine surveyor who conducted the inspection, attesting to whether the vessel is or is not suitable for use as a party boat, must be submitted to the department within 30 days of the inspection required by this subsection. A vessel may not be used as a party boat until:
(A) the statement required by this paragraph has been submitted to the department; and
(B) the owner or owner’s agent has received acknowledgment from the department that the statement has been received.
(3) A vessel may not be operated as a party boat if the vessel or owner is not in compliance with the provisions of this subsection, if applicable, and must be inspected and certified as described by subsection (b) of this section before being used as a party boat again.
(4) In lieu of an examination in dry dock, the inspection required by this subsection may be performed on the vessel while it is in the water, provided the entire examination is recorded on digital media in such a fashion as to provide visual clarity of detail necessary to determine the seaworthiness of the hull and the integrity of all mechanical components of the vessel that are below the waterline.
(h) The acknowledgment required under subsection (g)(2) of this section must be maintained by the owner or agent and made available at the request of any department employee acting within the scope of official duties.
§55.408. Passenger Safety.
(a) Personal flotation devices. It is unlawful to operate a party boat unless it carries:
(1) serviceable USCG-approved, wearable personal flotation devices meeting the requirements of Parks and Wildlife Code §31.066, in a number equivalent to the occupancy limit indicated on the annual inspection certificate issued by the department under this subchapter; and
(2) an additional number of personal flotation devices suitable for children equal to at least 10 percent of the occupancy limit established for the vessel under this subchapter. If more than 10% of the passengers on any voyage are children, a personal flotation device appropriate for children must be present for each child. For purposes of this subchapter, a child is any person younger than 13 years of age.
(b) Emergency Procedures.
(1) The owner of a party boat shall ensure, prior to the departure of the party boat from the dock, pier, or mooring where passengers board the vessel, that the safety procedures enumerated in paragraph (2) of this subsection have been presented and explained, verbally or in written form, to each passenger aboard the vessel, and that each passenger signs and dates an affidavit or log attesting to that fact.
(2) At all times that passengers are aboard a party boat, a list of emergency procedures shall be prominently displayed in a conspicuous place on the vessel. The list required by this subparagraph shall set forth, at a minimum, the procedures or instructions for:
(A) use of radio or telephone;
(B) man overboard;
(C) fire or explosion;
(D) leaks or damage control;
(E) location of personal flotation devices;
(F) location of escape hatches and escape routes;
(G) abandoning ship; and
(H) location of first-aid kit.
§55.410. Violations and Penalties. A violation of any provision of this subchapter is punishable as prescribed by Parks and Wildlife Code, §31.127.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on
The repeal is proposed under the authority of Parks and Wildlife Code, §31.176, which requires the commission to promulgate rules regarding the requirements and procedures for the issuance and renewal of a party boat operator license to protect the public health and safety, and §31.180, which requires the commission to adopt and enforce rules necessary to implement Parks and Wildlife Code, Chapter 31, Subchapter G.
The proposed repeal affects Parks and Wildlife Code, Chapter 31.
§55.406. Violations and Penalties.
Regulation Of Party Boats
Clear the form and start over.