1. (a) The owner of a vessel meeting the definition of a party boat may not operate or allow the operation of that vessel as a party boat unless:

   1. (1) the vessel and the owner are in compliance with the provisions of this subchapter with regard to inspections and certifications required under this subchapter; or
   2. (2) a current, valid, applicable USGS Certificate of Inspection as provided in 46 CFR Subchapter K or T has been issued for the vessel.

2. (b) The owner of a party boat shall maintain liability insurance of at least $500,000 per incident from an insurance provider authorized to do business in Texas. Proof of insurance must be:

   1. (1) kept aboard the party boat at all times; and
   2. (2) made available for inspection during normal business hours at the request of any department employee acting within the scope of official duties.

3. (c) The owner of a party boat may not knowingly:

   1. (1) permit a person to operate a party boat at any time that the person is prohibited under the provisions of this subchapter from operating a party boat; or
   2. (2) train a person to operate a party boat for purposes of obtaining a party boat operator's license unless the person is employed by the owner and has completed a boating safety course approved by the department. This paragraph does not apply if six or fewer passengers are aboard at the time a person is being trained.
4. (d) All documentation required by this subchapter shall be retained for a period of two years from the date the document or digital media is created and made available for inspection during normal business hours at the request of any department employee acting within the scope of official duties.

Source Note:The provisions of this §55.405 adopted to be effective January 1, 2008, 32 TexReg 10011; amended to be effective May 1, 2026, 51 TexReg 2401.