1. (a) All courses approved for certification and equivalency exam processes must be approved by the department using minimum national standards as means of approval.

2. (b) Courses and equivalency exams shall consist of the following subjects:

   1. (1) Boats--boat uses, capacities, trailers, equipment, numbering, titling;
   2. (2) Boating safety--accident causes, prevention and emergency procedures;
   3. (3) Boating operation--preparation, float plans, navigation rules, navigation aids, local hazards and weather; and
   4. (4) State laws--Texas Water Safety Act, Boating While Intoxicated (BWI) Laws, violation prevention and basic boating responsibilities.

3. (c) The course is successfully completed when the student:

   1. (1) attends at least six hours of training;
   2. (2) is evaluated by the instructor as acceptable in attitude, knowledge and skill; and
   3. (3) scores a minimum of 70% on a course exam prescribed by the department.

4. (d) In lieu of a course, a person may complete an equivalency exam process consisting of a multiple-choice exam proctored by an agent appointed by the department or accessed through a department-sponsored web site.

   1. (1) Home study and equivalency exam passage shall be set at a minimum 80 percent passing score.
   2. (2) A person who fails the exam may retake it one time at least 24 hours after the time of first completion.
5. (e) The minimum age for certification is 12 years of age.

6. (f) The department shall:

   1. (1) train and certify boater education instructors upon completion of an application, game warden interview and proof of student and instructor course completion;
   2. (2) administer all records of certifications; and
   3. (3) approve the standard form for a boater education identification to be issued to a person who successfully completes a boater education course or equivalency exam.
7. (g) In addition to those exemptions established in Parks and Wildlife Code, §31.110, and authorized in §31.108(b), persons who have successfully completed a "voluntary boater education course" previously administered or approved by the department are exempt from the requirements established in this subchapter.

8. (h) A person 18 years of age or older may obtain a one-time deferral from the boater-education requirements of Parks and Wildlife Code, §31.109, after paying the fee established in §53.50 of this title (relating to Training and Certification Fees) to the department.

   1. (1) A deferral under this subsection does not authorize any person to supervise the operation of a vessel by any other person.
   2. (2) A boater education deferral is valid for 15 consecutive days beginning on the date of purchase and ending at midnight of the 15th day following purchase.
9. (i) A person engaged in showing, testing, or demonstrating boats under Parks and Wildlife Code, §31.041(d), is exempt from the boater education course requirement while showing, testing, or demonstrating a boat.

Source Note:The provisions of this §51.81 adopted to be effective January 3, 2005, 29 TexReg 12225; amended to be effective January 2, 2013, 37 TexReg 10225.