1. (a) Personal flotation devices. It is unlawful to operate a party boat unless it carries:

   1. (1) serviceable USCG-approved, wearable personal flotation devices meeting the requirements of Parks and Wildlife Code §31.066, in a number equivalent to the occupancy limit indicated on the annual inspection certificate issued by the department under this subchapter; and
   2. (2) an additional number of personal flotation devices suitable for children equal to at least 10 percent of the occupancy limit established for the vessel under this subchapter. If more than 10% of the passengers on any voyage are children, a personal flotation device appropriate for children must be present for each child. For purposes of this subchapter, a child is any person younger than 13 years of age.

2. (b) Emergency Procedures.

   1. (1) The owner of a party boat shall ensure, prior to the departure of the party boat from the dock, pier, or mooring where passengers board the vessel, that the safety procedures enumerated in paragraph (2) of this subsection have been presented and explained, verbally or in written form, to each passenger aboard the vessel, and that each passenger signs and dates an affidavit or log attesting to that fact.

   2. (2) At all times that passengers are aboard a party boat, a list of emergency procedures shall be prominently displayed in a conspicuous place on the vessel. The list required by this subparagraph shall set forth, at a minimum, the procedures or instructions for:

      1. (A) use of radio or telephone;
      2. (B) man overboard;
      3. (C) fire or explosion;
      4. (D) leaks or damage control;
      5. (E) location of personal flotation devices;
      6. (F) location of escape hatches and escape routes;
      7. (G) abandoning ship; and
      8. (H) location of first-aid kit.

Source Note:The provisions of this §55.408 adopted to be effective May 1, 2026, 51 TexReg 2401.