1. (a) A person may not operate a party boat unless the person:

   1. (1) has in the person's immediate possession:

      1. (A) a party boat operator's license issued by the department; or
      2. (B) a current and valid USCG pilot or captain's license; or

   2. (2) is learning to operate the party boat for the purpose of acquiring a party boat operator's license and:

      1. (A) is an employee of the owner of the party boat or the owner's agent; and
      2. (B) is accompanied by a holder of a party boat operator's license issued by the department and the license holder occupies a space beside the unlicensed operator for the purpose of giving instruction on operating the party boat.

2. (b) It is a defense to prosecution under subsection (a)(1) of this section that the person charged produces in court:

   1. (1) a party boat operator's license that was issued to the person and was valid when the offense was committed; or
   2. (2) a current and valid pilot or captain's license issue by the USCG.

Source Note:The provisions of this §55.403 adopted to be effective January 1, 2008, 32 TexReg 10011; amended to be effective May 1, 2026, 51 TexReg 2401.