Sec. 31.108. BOATER EDUCATION PROGRAM. (a) The commission shall adopt rules to:
(1) administer a boater education program that is designed to educate persons about the safe operation of vessels;
(2) approve boater education courses that meet or exceed the minimum instruction requirement, as the requirement exists on January 1, 1997, established by the National Association of State Boating Law Administrators;
(3) create an equivalency examination that may be taken, as the commission determines is consistent with promoting public safety in the operation of vessels, instead of the boater education course; and
(4) ensure that boater education courses and examinations are available in each county.
(a-1) A boater education course or equivalency examination under this section must include information on how to prevent the spread of exotic harmful or potentially harmful aquatic plants, fish, and shellfish, including department-approved methods for cleaning:
(1) a boat;
(2) a boat's motor;
(3) fishing and other equipment; and
(4) a boat trailer.
(b) The commission by rule may create exemptions from boater education requirements imposed by statute to the extent the exemptions are consistent with promoting public safety in the operation of vessels.
(c) The commission by rule shall create a standard form for a boater identification card to be issued to a person who successfully completes a boater education course or course equivalency examination.
(d) The department may appoint agents to:
(1) administer a boater education course or course equivalency examination; and
(2) issue boater identification cards under guidelines established by the commission.
(e) An officer or employee of the department shall collect a $5 examination or course fee and forward the fee and any examination documentation to the department not later than the 30th day after the date the examination or course is administered.
(f) An agent acting under authority of Subsection (d):
(1) shall collect a $10 examination or course fee and forward the fee and any examination documentation to the department not later than the 30th day after the date the examination or course is administered; and
(2) may collect and keep a $3 service fee, or an amount set by the commission, whichever is greater.
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1254 (H.B. 3722), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 142 (H.B. 597), Sec. 1, eff. May 24, 2013.
Structure Texas Statutes
Subchapter D. Boating Regulations
Section 31.091. Uniformity of Boating Regulations
Section 31.092. Local Regulations
Section 31.093. Rules of the Road
Section 31.094. Reckless or Negligent Operation
Section 31.095. Excessive Speed
Section 31.096. Reckless Operation and Excessive Speed
Section 31.098. Hazardous Wake or Wash
Section 31.099. Prohibition on Circular Course Around Individuals Engaged in Water Activities
Section 31.100. Interference With Markers or Ramps
Section 31.101. Obstructing Passage
Section 31.102. Operating Boats in Restricted Areas
Section 31.1021. Operating Vessels in Scuba Diving or Snorkeling Areas
Section 31.103. Water Skis, Aquaplanes, Etc
Section 31.104. Accidents: Duty of Operators
Section 31.105. Accident Reports
Section 31.106. Personal Watercraft
Section 31.107. Operation of Motorboat
Section 31.1071. Operation of Motorboat With Emergency Engine Cutoff Switch
Section 31.108. Boater Education Program
Section 31.109. Boater Education Course Required for Certain Persons
Section 31.110. Exemption From Boater Education Course Requirement; Deferral Program