Sec. 31.109. BOATER EDUCATION COURSE REQUIRED FOR CERTAIN PERSONS. (a) This section applies only to a person who is:
(1) born on or after September 1, 1993; and
(2) operating on the public water of this state:
(A) a vessel powered by a motor with a manufacturer's rating of more than 15 horsepower; or
(B) a windblown vessel over 14 feet in length.
(b) A person subject to this section must have in the person's possession a photographic identification card and either:
(1) a boater identification card issued by the department; or
(2) proof of completion of the requirements to obtain a vessel operator's license issued by the United States Coast Guard.
(c) The department shall issue a boater identification card to a person who has successfully completed:
(1) a boater education course approved by the department; or
(2) a course equivalency examination approved by the department.
(d) A boater identification card issued to a person who has successfully completed a boater education course or course equivalency examination does not expire.
(e) If, on or before the trial of a person charged with an offense for failing to possess a document required under Subsection (b), the person produces for the court or the prosecuting attorney a document required by Subsection (b) that was issued to the person and was valid at the time of the offense, the court shall dismiss the charge.
(f) A person charged with a Class C Parks and Wildlife Code misdemeanor for failing to possess a document required under Subsection (b) may make to the court not later than the 10th day after the date of the alleged offense an oral or written motion requesting permission to take a boater education course approved by the department or a vessel operator's licensing course provided by the United States Coast Guard. The court shall defer the proceedings brought against a person who makes a motion described by this subsection and allow the person 90 days to present written evidence that the person has successfully completed the course approved by the department or provided by the United States Coast Guard. If the person successfully completes the course and the court accepts the presented evidence, the court shall dismiss the charge.
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 269 (H.B. 1395), Sec. 3, eff. June 17, 2011.
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