TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 55. LAW ENFORCEMENT

The Texas Parks and Wildlife Commission in a duly noticed meeting on January 22, 2026, adopted the repeal of 31 TAC §55.406, amendments to §§55.401 - 55.403, and 55.405, and new 55.406, 55.408, and 55.410, concerning Party Boats. The amendment to §55.401 is adopted with changes to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8159) and will be republished. The repeals, amendments to §§55.402, 55.403, 55.405, and new sections 55.406, 55.408, and 55.410 are adopted without changes and will not be republished.

The change to §55.401, concerning Definitions, alters paragraph (1)(B) to insert the word "regulated" to clearly distinguish that the term "inland waters" does not apply to waters that are designated as navigable waters regulated by the United States Coast Guard. The change also alters paragraph (7) to insert the word "accredited" to maintain parallelism with other references to naval architects and marine surveyors.

The repeal, amendments, and new sections will 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 on 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 repeal of §55.406, concerning Violations and Penalties, is necessary to make room for new §55.406, concerning Inspections and Certifications.

The amendment to §55.401, concerning Definitions, alters the definition of "inland waters" and adds 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 amendment adds language to make the definition completely accurate. The amendment defines "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 amendment defines "accredited marine surveyor" as a person accredited by one of the four recognized professional trade organizations. The rules require party boats 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 amendment defines "accredited naval architect" as a person accredited by one of the two recognized professional trade organizations. The rules 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 amendment defines "stability letter" as "an affidavit from an accredited 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 stipulates an occupancy limit. The 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 amendment to §55.402, concerning Applicability and Exceptions, makes alterations necessary to comport the section with other components of the rulemaking, consisting of the insertion of a reference to 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 amendment exempts 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 amendment to §55.403, concerning License Required, alters 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 amendment to §55.405, concerning Employer/Owner Responsibilities, alters the section to comport it with the changes being made in this rulemaking, increases the minimum amount of liability insurance required to be carried, clarifies that the liability insurance policy must be applicable on a per-incident basis, stipulates a records retention period, and eliminates current subsections (c) and (d).

The amendment also adds 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 rules as adopted 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 required value. The current value was established in 2007. Thus, the amendment increases the required minimum to $500,000 to reflect the fact that the Consumer Price Index has increased significantly since 2007 (49%), and the represents the bare minimum with respect to the ability to respond to incidents resulting in damages or injuries. The amendment also clearly states 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 basis is therefore sufficient. The department disagrees, maintains that it should be intuitively obvious, and wishes to make this clear in rule. The amendment also requires 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 amendment requires 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 amendment removes current subsections (d) and (e). The provisions of subsection (d) are relocated to new §55.408, concerning Passenger Safety. Current subsection (e) is eliminated entirely because passenger load limits will be calculated by an accredited naval architect or marine surveyor as part of the inspection and assessment regime set forth in new §55.406, concerning Inspections and Certifications.

New §55.406, concerning Inspections and Certifications, prescribes general and specific requirements related to the department's ability to determine vessel safety.

New subsection (a) clearly establishes 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 new subsection also requires 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 new subsection stipulates 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.

New subsection (b) establishes 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 new rule requires 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 will this approach provide for an independent, professional assessment of vessel seaworthiness and safety, it also allows party boat owners and operators greater flexibility to schedule inspections. The new subsection requires 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.

New subsection (d) provides 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 impossible for vessels to be taken out of the water. The rules 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.

New subsection (e) requires 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 new section.

New subsection (f) requires an annual water safety compliance inspection to be performed by the department, which will function by providing a continuous process for verifying that party boats and party boat operators are equipped and operating as required by law. The inspection consists 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 - to enforcement personnel and the public - that any given party boat or operator is operating safely as required by law. New subsection (f) also prescribes 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 adopted rules 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 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 necessary to continue operating in compliance with law.

New subsection (g) requires 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.

New subsection (h) requires 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 new section.

New §55.408, concerning Passenger Safety, sets forth specific provisions intended to advance the safety of passengers aboard party boats. New subsection (a) explicitly establishes 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.

New subsection (b) enumerates the specific emergency procedures that a party boat operator is required to articulate to each paying passenger aboard a party boat and requires 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 relocated to the new section for greater organizational sense.

New §55.410, concerning Violations and Penalties, restates verbatim the contents of current §55.406, which is repealed to create space for new §55.406, concerning Inspections and Certifications.

The department received 20 comments opposing adoption of the rules as proposed. Of the 20 comments, thirteen provided a reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow.

One commenter opposed adoption of the rules as proposed and stated that only the legislature has the authority to make law. The department disagrees with the comment and responds that the legislature routinely delegates rulemaking authority to state agencies (including rules to create criminal violations), and rules adopted pursuant to such authority carry the full force and effect of law, including with respect to criminal violations. No changes were made as a result of the comment.

Eleven commenters opposed adoption of the rules as proposed on the basis that the "per-incident" stipulation for liability insurance is impossible to comply with, will result in businesses becoming uninsurable, will impose catastrophic financial and operational burdens, and other, similar statements of dire consequences resulting from enforcement of the rules. The department disagrees with the comments and responds they appear to result from one person's misunderstanding of the rule requirements, which was then shared with multiple interested parties who submitted more-or-less verbatim iterations of the same concerns. The comments specifically mention one marine insurance provider, alleging that provider had stated the rules as proposed would result in large premium increases. The department contacted the provider in question and after clarifying that the insurance requirement of the rules applied only to coverage for incidents significant enough to be required to be reported under Parks and Wildlife Code, §31.105 (incidents resulting in the death of a person; injury to a person that requires medical treatment beyond the provision of first aid; or damage to property in excess of an amount set by the commission of not less than $2,000), was able to determine that the concerns expressed in the comments were groundless. No changes were made as a result of the comments.

One commenter opposed adoption of the rules as proposed and stated that the rules seemed like a massive duplication of effort the department could avoid by having an agreement with the USCG. The department disagrees with the comment and responds that the rules as adopted actually eliminate duplicated effort by providing for USCG compliance to be accepted in lieu of compliance with department rules, where applicable. No changes were made as a result of the comment.

One commenter opposed adoption of the rules as proposed and stated that requiring a stability test to be performed every five years is not necessary since the rules require a comprehensive marine survey every five years. The department disagrees with the comment and responds that the stability test required by the rules and the marine survey requirement are one in the same. No changes were made as a result of the comment.

The department received 10 comments supporting adoption of the rules as proposed.

SUBCHAPTER H. PARTY BOATS

31 TAC §§55.401 - 55.403, 55.405, 55.406, 55.408, 55.410

The amendments and new sections are adopted 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.

§55.401. Definitions.

The following words and terms, when used in this subchapter, 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 regulated by the United States Coast Guard (USCG).

(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

(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);

(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 an accredited 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").

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2026.

TRD-202601365

James Murphy

General Counsel

Texas Parks and Wildlife Department

Effective date: May 1, 2026

Proposal publication date: December 19, 2025

For further information, please call: (512) 389-4775

31 TAC §55.406

The repeal is adopted 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.