1. (a) General.

   1. (1) It is an offense for a party boat owner to operate or allow the operation of a party boat unless the vessel has been inspected and certified as suitable for use as a party boat as prescribed in this section.

   2. (2) The owner of a party boat shall ensure that a stability test is performed by an accredited naval architect or marine surveyor if:

      1. (A) the vessel's structure or equipment (including, but not limited to, engines, generators, motors, air conditioning units or other major electrical or mechanical systems or components) have been modified to the extent that the weight or weight distribution of the vessel affects or could affect the stability of the vessel under normal operating conditions; or
      2. (B) the vessel is involved in a reportable incident described by Parks and Wildlife Code, §31.105. This subparagraph does not apply to a reportable incident that does not involve physical damage to the party boat.

      3. (C) A vessel subject to the provisions of this paragraph may not be used as a party boat until:

         1. (i) the stability test required under this paragraph has been performed by an accredited naval architect or surveyor; and
         2. (ii) the owner or owner's agent has submitted the resulting stability letter to the department and received written authorization to resume operation of the vessel as a party boat.

2. (b) Initial and Continuing Inspection/Certification. A vessel that has never been inspected for use as a party boat must undergo an initial inspection as provided in this paragraph before being used as a party boat. The initial inspection shall be conducted by an accredited naval architect or marine surveyor and shall consist of:

   1. (1) an examination of the vessel in dry dock (including, but not limited to an assessment of the integrity of the vessel's hull and the external steerage and propulsion system components);
   2. (2) a USCG-approved stability test for the type and size of boat, which must be compliant with the current Assumed Average Weight per Person standard adopted by the USCG for the type and size of boat; and

   3. (3) a statement signed by the accredited naval architect or marine surveyor who conducted the inspection attesting to:

      1. (A) the suitability and safety of the vessel for use as a party boat; and
      2. (B) the occupancy limit of the vessel, to include, if the vessel has multiple decks, the maximum number of persons the boat can safely carry on each deck, together and separately.

3. (c) A vessel may not be used as a party boat until:

   1. (1) the statement required by subsection (b)(3) of this section has been submitted to the department; and
   2. (2) the owner or owner's agent has received acknowledgment from the department that the statement has been received.
4. (d) In lieu of an examination in dry dock, the inspection required by subsection (b) of this section may be performed on the vessel while it is in the water, provided the entire examination is recorded on digital media in such a fashion as to provide visual clarity of detail necessary to determine the seaworthiness of the hull and the integrity of all mechanical components of the vessel that are below the waterline.
5. (e) The acknowledgment required by subsection (c)(2) of this section must be maintained by the owner or agent and made available at the request of any department employee acting within the scope of official duties.

6. (f) Annual Water Safety Compliance Inspection and Certification.

   1. (1) Following the inspection and certification required under subsection (a) of this section and continuing for as long as the vessel is used as a party boat, a party boat shall undergo an annual water safety compliance inspection as prescribed in this subsection.

   2. (2) The inspection required under this subsection shall consist of the department's verification of:

      1. (A) All applicable requirements of Parks and Wildlife Code, Chapter 31, relating or applicable to boat registration, titling, lighting, signaling, and safety equipment;
      2. (B) a current stability letter posted aboard the vessel in compliance with the provisions of this subchapter;
      3. (C) a First Aid kit in good condition aboard the vessel;
      4. (D) an effectively functional two-way communication device (VHF radio or cellular phone with service) aboard the vessel;
      5. (E) the list of emergency procedures enumerated in §55.408 of this title (relating to Passenger Safety), prominently posted in a conspicuous place for the benefit of passengers;
      6. (F) all documentation, including proof of liability insurance, required by this subchapter and Parks and Wildlife Code, Chapter 31; and
      7. (G) the log or records required under the provisions of §55.408(b) of this title indicating that emergency procedures have been communicated to passengers.
   3. (3) The annual water safety inspection required by this subsection shall be conducted not more than 30 days prior to each anniversary of the initial inspection and certification required under subsection (b) of this section.

   4. (4) A permittee must schedule the annual water safety inspection with the department in advance by completing and submitting a request to the department on a form supplied or provided by the department for that purpose.

      1. (A) The request shall be submitted to the department not more than 60 days nor less than 30 days prior to each anniversary of the initial inspection required under subsection (b) of this section. The department will establish a mutually acceptable date for the annual water safety inspection.
      2. (B) The department will not conduct an annual water safety inspection if the owner or representative is not present at the place, date, and time established for the annual water safety inspection under the provisions of subparagraph (A) of this paragraph.
      3. (C) When an annual water safety inspection required by this subsection reflects compliance with the applicable requirements of this subchapter and Parks and Wildlife Code, Chapter 31, the department will provide the owner or representative with documentation of the inspection and the vessel may then be lawfully used as a party boat. Such documentation shall be prominently displayed in a conspicuous location aboard the vessel.
   5. (5) If the annual water safety inspection required by this subsection is not performed before one year has passed since the date of the previous annual inspection, the vessel may not be used as a party boat until an inspection meeting the requirements of subsection (b) of this section has been performed.

7. (g) Five-year Inspection and Certification.

   1. (1) Beginning the date of the initial inspection, stability test, and certification required by subsection (b) of this section or the effective date of this section, the owner of a party boat shall ensure that an examination of the vessel meeting the requirements of subsection (b) of this section is conducted by an accredited naval architect or marine surveyor not less than once every five years, as applicable.

   2. (2) A statement signed by the accredited naval architect or marine surveyor who conducted the inspection, attesting to whether the vessel is or is not suitable for use as a party boat, must be submitted to the department within 30 days of the inspection required by this subsection. A vessel may not be used as a party boat until:

      1. (A) the statement required by this paragraph has been submitted to the department; and
      2. (B) the owner or owner's agent has received acknowledgment from the department that the statement has been received.
   3. (3) A vessel may not be operated as a party boat if the vessel or owner is not in compliance with the provisions of this subsection, if applicable, and must be inspected and certified as described by subsection (b) of this section before being used as a party boat again.
   4. (4) In lieu of an examination in dry dock, the inspection required by this subsection may be performed on the vessel while it is in the water, provided the entire examination is recorded on digital media in such a fashion as to provide visual clarity of detail necessary to determine the seaworthiness of the hull and the integrity of all mechanical components of the vessel that are below the waterline.
8. (h) The acknowledgment required under subsection (g)(2) of this section must be maintained by the owner or agent and made available at the request of any department employee acting within the scope of official duties.

Source Note:The provisions of this §55.406 adopted to be effective My 1, 2026, 51 TexReg 2401.