1. (a) Application.

   1. (1) A person may apply for a party boat operator license by submitting a completed department-supplied application to the department, accompanied by the fee specified by Chapter 53, Subchapter A of this title (relating to Fees).
   2. (2) The department will not issue a party boat operator license to any person who has not passed a department-approved written examination on safe party boat operation.
2. (b) Period of validity. A party boat operator license is valid for two years from the date of issuance.

3. (c) Renewal.

   1. (1) A party boat operator license may be renewed by submitting a completed department-supplied renewal application to the department within 60 days of the expiration date of the license, accompanied by the fee specified by Chapter 53, Subchapter A of this title (relating to Fees).
   2. (2) If a party boat operator license has not been renewed by the 60th day following the expiration date of the license, it cannot be renewed and an application for a new party boat operator license must be completed and submitted.

4. (d) Replacement license.

   1. (1) The holder of a party boat operator license who changes name or mailing address shall submit a completed department-supplied application for a replacement license, accompanied by the fee specified in Chapter 53, Subchapter A of this title, by not later than the 30th day after the date of the change.
   2. (2) The department shall replace a damaged, destroyed, lost, or stolen party boat operator license upon payment of the fee specified in Chapter 53, Subchapter A of this title.

5. (e) Refusal to Issue or Renew License; Review of Agency Decision to Refuse or Renew License.

   1. (1) The department may refuse to issue or renew a license under this subchapter if:

      1. (A) an applicant is liable to the state under Parks and Wildlife Code §12.301;

      2. (B) an applicant has a final conviction or has been assessed an administrative penalty for a violation of:

         1. (i) Parks and Wildlife Code, Chapter 31, involving reckless or negligent behavior, or behavior that placed passengers in peril.

         2. (ii) a provision of the Parks and Wildlife Code that is punishable as a Parks and Wildlife Code:

            1. (I) Class A or B misdemeanor;
            2. (II) state jail felony; or
            3. (III) felony;
         3. (iii) a violation of Penal Code, Chapter 49 involving the operation of a motorboat;
         4. (iv) a violation of Water Code, §26.121; or
         5. (v) any federal or state law relating to the sale, distribution, financing, registration, or taxing of a vessel, motorboat, or outboard motor; or
      3. (C) the department has evidence that the applicant is acting on behalf of or as a surrogate for another person or entity who has a final conviction or has been assessed an administrative penalty for any violation listed in this subsection.
   2. (2) The department will not issue a party boat operator license to a person who is prohibited from holding an equivalent license in another state.

   3. (3) In determining whether to issue or renew a license under this section, the department may consider:

      1. (A) the number of final convictions or administrative penalties;
      2. (B) the seriousness of the conduct on which the final conviction or administrative penalty is based;
      3. (C) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by paragraph (1) of this subsection;
      4. (D) the length of time between the most recent final conviction or administrative penalty and the license application;
      5. (E) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;
      6. (F) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both; and
      7. (G) other mitigating factors.
   4. (4) The department shall provide to the applicant a written statement of the reasons for a decision to deny the issuance or renewal of a license.

   5. (5) An applicant may request a review of a decision of the department with respect to license issuance or denial. The request for review must be made within 30 days of being notified by the department that the application for a license or license renewal has been denied. The review request must be in writing and addressed to: Marine Enforcement, Texas Parks and Wildlife Department, 4200 Smith School Rd., Austin, TX 78744. If no review request is received within 30 days of the date of the letter notifying the licensee of the department's intent to refuse issuance or renewal of the license, the decision to deny the issuance or renewal of a license is final.

      1. (A) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.
      2. (B) The department shall conduct the review within 30 days of receipt of the request required by subparagraph (A) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.
      3. (C) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with knowledge in marine regulations, appointed or approved by the executive director or his or her designee.
      4. (D) The decision of the review panel is final.

Source Note:The provisions of this §55.404 adopted to be effective January 1, 2008, 32 TexReg 10011; amended to be effective April 10, 2017, 42 TexReg 1903.