Texas boater education and the rules behind it

Who must take the course

Under Parks and Wildlife Code Sec. 31.109, the requirement applies to anyone born on or after September 1, 1993, who operates on Texas public water:

• A vessel powered by a motor rated at more than 15 horsepower.
• A windblown vessel (sailboat) over 14 feet long.
• A personal watercraft (PWC), according to Texas Parks and Wildlife Department (TPWD) guidance.

What you have to carry

If the rule applies to you, you must have a photo ID and either a TPWD boater identification card or proof of completing the requirements for a U.S. Coast Guard vessel operator's license. A Texas boater card doesn't expire.

If you're cited for not having the card, the law gives you a way out. Producing a card that was valid at the time gets the charge dismissed. Otherwise, within 10 days you can ask the court to let you take the course, and the charge is dismissed if you finish within 90 days.

Exemptions

Sec. 31.110 exempts a person who:

• Holds a U.S. Coast Guard master's, mate's or operator's license.
• Is supervised on board by someone 18 or older who is exempt or holds a boater card.
• Is a nonresident with proof of a TPWD-approved course from another state.
• Is exempt by TPWD rule, such as some customers of boat rental, sales or demo businesses.

Age limits for boats and PWCs

Separate from the course requirement, Texas sets minimum operating ages. Under Secs. 31.106 and 31.107, no one under 13 may operate a PWC or a motorboat over 15 horsepower unless supervised on board by someone at least 18 who can legally operate it.

PWCs have extra rules: everyone aboard or being towed must wear an approved life jacket, the engine cutoff lanyard must be attached if the craft has one, no operation between sunset and sunrise, and headway speed within 50 feet of other boats, people, docks or shore. On motorboats under 26 feet equipped with an engine cutoff switch, Sec. 31.1071 requires the operator to attach it when going faster than headway speed.

Taking the course

TPWD offers boater education online and in classrooms. Its FAQ says fees start at $20 for a basic course. If you have teenagers who'll be driving the family boat, plan for each of them to take it. It's also worth taking yourself even if you're exempt, because it covers navigation rules and emergencies that matter when something goes wrong.

Accidents and BWI

TPWD says an operator involved in an accident must report it to TPWD or local law enforcement within 30 days if it causes injury needing treatment beyond first aid or more than $2,000 in damage to vessels or property, and within 48 hours if someone dies.

Boating while intoxicated is a crime under Penal Code Sec. 49.06, a Class B misdemeanor with a minimum 72 hours in jail for a first offense. "Intoxicated" includes a 0.08 alcohol concentration. TPWD notes that refusing a breath or blood test while operating a boat with an engine of 50 horsepower or more can lead to an automatic driver's license suspension.

A plan for families with young operators

Teenagers are the group most affected by these rules, and the most likely to be handed the keys at the lake. A few steps keep you on the right side of the law and your policy:

• Have each child born on or after September 1, 1993 (in practice, anyone who is a teen today) finish an approved course before they operate alone.
• Keep a photo ID and the boater card with them whenever they drive the boat or PWC.
• Under 13, an adult 18 or older must be on board and supervising for a PWC or a motorboat over 15 horsepower.
• Tell your insurer about every regular operator, including teens and friends who borrow the boat.

Registration and insurance

TPWD requires registration for all motorized boats, and for non-motorized boats (including sailboats) 14 feet or longer, though canoes, kayaks and similar paddle craft without a motor are exempt. Texas doesn't make boat insurance a registration requirement, but marinas and lenders commonly require it. The one notable statutory insurance requirement is for party boats: Parks and Wildlife Code Sec. 31.175 requires party boat owners to carry minimum liability insurance set by the TPWD commission.

When you shop for a policy, tell the agent who will operate the boat, their ages, and whether they hold boater cards, and ask whether completing the course changes the price.