Title PW, Parks and Wildlife Code

Sec. 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 jurisdiction where the violation or offense was committed. (b) For an offense under the provisions of this chapt…

Sec. 31.127. PENALTIES AND FINES. (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 politi…

Sec. 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 d…

Sec. 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 boats commits an offense that is a Class C Parks and Wildlife Co…

Sec. 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 fi…

Sec. 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) …

Sec. 31.132. REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS. (a) Except as provided by Subsection (b), 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 boati…

Sec. 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 o…

Sec. 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,…

Sec. 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 vessel: (A) operated by the owner of the vessel or an employee of the owner; and (B) rented or leased…

Sec. 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 a boat that is less than 30 feet in length or to a sailboat. Added by Acts 2007, 80th Leg., R.S., Ch. 11…

Sec. 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 staff the party boat for the duration of a rental or lease for a group recreation…

Sec. 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 inspection; (2) must have a direct and reliable communication connection to the land-based office of the o…

Sec. 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 acknowledging that the passenger reviewed and understands the information. (b) The…

Sec. 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 of a party boat operator license under this subchapter. (b) Except as provided …

Sec. 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; and (2) the annual water safety inspection of a party boat required by this subchapter. (b) A fee collected by …

Sec. 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 and alcohol testing. Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June…

Sec. 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 marine safety enforcement officer under Section 31.121 may enforce this subchapter: (1) in the area of a navigable bo…

Sec. 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), eff. June 15, 2007.