The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Inland waters--all public waters of this state that lie:

   1. (A) entirely within the state; and
   2. (B) are not designated as navigable waters regulated by the United States Coast Guard (USCG).
2. (2) Party boat--a vessel meeting the definition of "party boat" established in Parks and Wildlife Code, §31.171(2).

3. (3) Passenger--a person carried on board a party boat, but does not include:

   1. (A) the vessel owner or the owner's agent;
   2. (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
   3. (C) a person being trained for the purposes of acquiring a party boat operator's license.
4. (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. (5) Accredited Marine Surveyor--A person accredited by one of the following organizations:

   1. (A) National Association of Marine Surveyors (NAMSGlobal);
   2. (B) Society of Accredited Marine Surveyors (SAMS);
   3. (C) Association of Certified Marine Surveyors (ACMS); or
   4. (D) United States Surveyors Association (USSA) / NAVTECH.

6. (6) Accredited Naval Architect--A person accredited by one of the following organizations:

   1. (A) Society of Naval Architects and Marine Engineers (SNAME); or
   2. (B) American Society of Naval Engineers (ASNE).
7. (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").

Source Note:The provisions of this §55.401 adopted to be effective January 1, 2008, 32 TexReg 10011; amended to be effective March 15, 2021, 46 TexReg 1658; amended to be effective May 1, 2026, 51 TexReg 2401.