1. (a) This subchapter applies to a party boat that operates on inland waters of this state.

2. (b) The annual water safety inspection required by §55.405(a) of this title (relating to Employer/Owner Responsibilities) is not required for a vessel that:

   1. (1) is carrying passengers for hire; and
   2. (2) carries a valid and current certificate of inspection issued pursuant to federal law.

3. (c) A person is not required to obtain a party boat operator's license if that person possesses:

   1. (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. (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:

      1. (A) the issuing state allows Texas vessels to operate in the shared waters under the same conditions; and
      2. (B) the party boat is operated only in waters shared by the issuing state and the state of Texas.

4. (d) This subchapter does not apply to:

   1. (1) a boat that is less than 30 feet in length;
   2. (2) a sailboat;
   3. (3) a livery vessel; or
   4. (4) any vessel used for training or instructional purposes while it is not being used as a party boat.

Source Note:The provisions of this §55.402 adopted to be effective January 1, 2008, 32 TexReg 10011.