TEXAS BOATING & WATER SAFETY LAWS

Please Note: Upon successful completion of the PWCSafetySchool.com course you must fill out the downloadable certificate (as required by state law) and mail it, along with $10.00, to the Texas Parks & Wildlife Department, Law Enforcement Division (4200 Smith School Road, Austin, TX, 76744). They will issue your boater education certificate.

Texas Personal Watercraft Overview

Personal Watercraft (PWC) is defined as a type of motorboat which is specifically designed to be operated by a person or persons sitting, standing or kneeling ON the vessel rather than INSIDE the vessel. This definition includes jet skis, wet bikes, etc. The U.S. Coast Guard designates a PWC as inboard, Class A boats. Any person being towed by a PWC is considered an occupant of the PWC and is required to wear a life jacket.

All equipment requirements for regular motorboats also apply to PWC. No person may operate or give permission for the operation of a vessel that is not provided with the required safety equipment.

1. A wearable Personal Floatation Device (PFD) is required for each person on board regardless of boat length.

All children under 13 years of age in motorboats under 26 feet in length must wear a U.S. Coast Guard approved PFD while underway. Underway means not at anchor, made fast to the shore, or aground.

Each person on a PWC must wear a U.S. Coast Guard approved PFD. PWC operators and passengers must wear an approved Type I, II, III or V PFD. Inflatable life jackets are NOT approved for use on PWC. Additionally, the operator must wear a lanyard type engine cut off switch provided by the manufacturer that will shut off the PWC should the operator fall off.

All PFDs must be U.S. Coast Guard approved, in serviceable condition, readily accessible and of the appropriate size for the intended user.

All vessels, including canoes and kayaks must be equipped with one Type I, II, III or V wearable PFD for each person onboard. A Type V PFD is acceptable only if used in accordance with the specific instructions on the label of the device.

Vessels 16 feet and longer, excluding canoes and kayaks, are required to be equipped with one Type IV throwable PFD in addition to the Type I, II, III or V PFD required for each person on board.

Inflatable PFDs are authorized only when used in accordance with requirements as presented on U.S. Coast Guard approved labels. Inflatable PFDs are NOT approved for use on personal watercraft, waterskiing or other high-speed activity.

2. Any vessel less than 39.4 ft in length is required to carry a whistle or horn, or some other means to make an efficient sound to signal intentions and position in periods of reduced visibility.



3. A fire extinguisher is required if one or more of the following conditions exist:

(1) Closed compartment under thwarts and seats wherein portable fuel tanks may be stored. (2) Double bottoms not sealed to the hull or which are not completely filled with flotation material. (3) Closed living spaces. (4) Closed storage compartments in which combustible or flammable materials are stored. (5) Permanently installed fuel tanks. (6) Inboard engines.

Fire extinguishers for motorboats are Coast Guard approved, hand-portable, of either B (for gasoline, oil & grease fires) or BC (also extinguishes electrical fires) classification. The number of approved extinguishers required depends upon the class of the motorboat. Class A boats require one B-I extinguisher.

4. A person less than 18 years of age shall not operate a personal watercraft unless he or she is accompanied by a person 18 years of age or older.

Exceptions: If the person has successfully passed a Texas Parks & Wildlife Department (TPWD) approved boater education course and is at least 13 years of age he or she may operate a PWC.

No person under 18 years of age may operate a vessel powered by a motor of 10 horsepower or more or a sailboat over 14 feet in length unless he or she has in their possession a photographic identification and a boater education certificate issued or approved by the Texas Parks and Wildlife Department.

5. Personal watercraft may only be operated during daylight hours between sunrise and sunset.
6. PWC must not be operated within 50 feet of another vessel (including other PWCs), stationary platform, person, object or shore except at headway speed. Headway speed is a slow, idle speed or speed fast enough to maintain steerage without creating a swell or wake.



7. The operator of a personal watercraft should operate in a reasonable and prudent manner.

This includes being aware of other boats in the operating area, awareness of environmental concerns and respecting the rights of shoreline property owners. The PWC operator should not follow other boats closely and should not jump the wake of other vessels recklessly or unnecessarily close.

8. No vessel shall be operated within Texas in a reckless or negligent manner.

Examples of reckless or careless operation include but are not limited to:

1. Excessive speed, especially in regulated or congested areas.



2. Operating in a circular course around fishermen or swimmers or in an area designated as boating, fishing, swimming or otherwise restricted.



3. Operating in a swimming area with swimmers present.



4. Bow riding or riding on the gunwale or transom where no seating is provided.



5. Operation of a personal watercraft which endangers life or property.



6. Mooring or attaching to any buoy, beacon, light marker, stake, flag or other aid to safe operation, or to move, remove, displace, tamper with, damage or destroy the same.



7. Anchoring in the traveled portion of any river or channel so as to prevent, impede, or interfere with safe passage of any other boat through the same area.



8. Operating within designated "no wake" area except at headway speed without creating a swell or wake.



9. Operating any vessel or manipulating any water skis, aquaplane or similar device, in a willful or wanton disregard of the rights or safety of others and at a speed or in a manner so as to endanger or be likely to endanger any person or property.



10. Swimming or diving within two hundred yards of any sight-seeing or excursion boat except for maintenance purposes or unless within an enclosed area.



11. Fail to comply with the U.S. Coast Guard Inland Rules of the Road.



9. Water skiing is not permitted between the hours of one-half (1/2) hour after sunset and one-half (1/2) before sunrise.
10. Every motorboat towing a person must have an observer, other than the operator; aboard 13 years of age or older, or be equipped with a rear view mirror of a size no less than four inches (4") in measurement from top to bottom AND across from side to side.



11. Boat operators must stay at least 50 feet away from a "diver down flag" and shall operate at a speed just enough to maintain headway and steerage when between 50 and 150 feet of such a flag.

A scuba diver or snorkeler must display a free-flying, 15 x 15 inch minimum, white diagonal stripe on a red background "diver-down flag" or the blue and white International Code "Alpha Flag" in the area in which the diving occurs.

12. Any accident involving death, missing person, injury requiring treatment beyond first aid to any person or property damage exceeding $500 must file a complete report of the accident within 30 days.

A "boating accident" includes, but is not limited to, capsizing, collision, foundering, flooding, fire, explosion and the disappearance of a vessel other than by theft. Accidents must be reported within 30 days. Report accidents to the nearest office of the Texas Parks and Wildlife Department (Main Office - 4200 Smith School Road, Austin, Texas 78744). For more information go to: www.tpwd.state.tx.us

13. It is a criminal offense to operate a vessel while intoxicated (loss of mental or physical facilities or blood alcohol content of .08 or higher) or impaired (loss of mental or physical faculties).

1st conviction is punishable by a fine not to exceed $2,000, confinement in jail not to exceed 180 days or both. 2nd conviction is punishable by a fine not to exceed $4,000, confinement not to exceed one year or both. 3rd conviction is punishable by a fine not to exceed $10,000, imprisonment for not more than 10 years or less than 2 years. Failure to submit a specimen to determine blood alcohol content may result in suspension of a person's driver's license.

14. Required Lights

All vessels including motorboats, canoes, kayaks, punts, rowboats, rubber rafts, or other vessels when not at a dock must have and exhibit at least one bright light, lantern or flashlight visible all around the horizon from sunset to sunrise in all weather and during restricted visibility.

1. A sailing vessel of less than 20 meters (65.6 ft) while underway shall exhibit sidelights and a stern light which may be combined in one lantern carried at or near the top of the mast where it can best be seen.



2. A sailing vessel of less than 7 meters (23 ft) shall, if practical, exhibit sidelights and a stern light, or shall exhibit at least one bright light, lantern or flashlight from sunset to sunrise when not at dock.



3. All other manually driven vessels may exhibit sidelights and a stern light, or shall exhibit at least one bright light, lantern, or flashlight when not at dock.




On vessels of less than 12 meters (39.4 ft) white lights shall be visible at a distance of at least two (2) miles. Colored lights shall be visible at a distance of at least one (1) mile. "Visible" when applied to lights, means visible on dark nights with clear atmosphere.

(Please refer to PWCSafetySchool.com general content, page 35, for additional information on required lights).

15. All motorized boats regardless of length and all sailboats 14 feet in length or longer must be registered and titled, and U.S. Coast Guard documented vessels and ALL outboard motors must be titled.

Title applications and manufacturer's statement of origin (MSO) must accompany a request for non-motorized boat registration for new boats and outboard motors.

Exemptions - All canoes, kayaks, rowboats or rubber rafts (regardless of length) when paddled, poled or oared and sailboats under 14 feet in length when windblown.

When a motorboat or registered vessel is in operation, the certificate of number (registration) or facsimile thereof must always be aboard and available for inspection by an enforcement officer. The certificate is valid for a two-year period shown on the certificate. The certificate of number must also be aboard a U.S. Coast Guard documented vessel that requires Texas registration.

Boaters will present their Hull I.D. number to title and register the boat. Homemade boats are required to have affidavit as to the origin of the boat, proof of the materials used in the construction of the boat (i.e., bills from marine and hardware dealers for parts, etc.), and are required to have each homemade boat inspected and certified by a TPWD game warden. A Hull Identification Number will be issued and must be affixed to the hull transom as manufactured vessels. The inspection fee is $25.00.

Upon registration, a boater will be issued a certificate of number and a validation decal. The certificate must be on board whenever the boat is used.

The number awarded to a motorboat or registered vessel must be painted on or otherwise affixed to each side of the bow of the vessel in such position as to provide easy identification. The number shall read from left to right, must be in block characters of good proportion not less than three inches in height, and must be of a color that contrasts with the background. The numerals must be separated from the prefix and the suffix by hyphens or equivalent spaces such as the following example: TX 0123 AB and TX-0123-AB. Federal and State law prohibits any other number from being displayed on either side of the bow of your boat. The validation decal must be affixed in a line and three (3) inches towards the rear of the boat from the registration number.

U.S. Coast Guard documented vessels may display ONLY the validation decal (not the registration number) on both sides of the bow of the vessel and maintain current USCG documentation.

Transfer of Ownership: When a boat and/or outboard motor are sold, the seller must complete Form PWD-143, Application For Texas Certificate of Numbering for Boat when selling a boat and a Form PWD-144 Application for Texas Certificate of Title for an Outboard Motor when selling a motor. Application forms may be obtained from TPWD offices, marine dealers, and some county tax assessors/collector offices. The forms must be completed by both the purchaser and the seller. If titles have been issued, the title assignments must be properly executed.

The purchaser must (1) Execute applications which include a tax affidavit for registration and titles (boat and motor); (2) Mail applications, assigned titles or bills of sale with required fees and tax to TPW; (3) Applications for transfer of title and ownership must be filed not later than 20 days from the date of purchase.

Lost or Destroyed Certificate of Number: Fill out form PWD-143 and mail to the TPWD together with the appropriate fee. It is illegal to operate a motorboat without a certificate of number onboard; therefore, care should be exercised not to lose the certificate. Only TPWD is authorized to produce a Texas Certificate of Number.

Schedule of Fees: Texas Certificate of Number (Motorboat/Sailboat Registration-TX Number)

Boat Class	Fee
Class A Motorboat (except Livery boat) - Less than 16 feet in length.	$30.00
Sailboat (except Livery boat) - 14 feet but less than 16 feet in length.	$30.00
Class 1 Motorboat, Sailboat or Livery boat - 16 feet but less than 26 feet in length.	$50.00
Class 2 Motorboat, Sailboat or Livery boat - 26 feet but less than 40 feet in length.	$70.00
Class 3 Motorboat, Sailboat of Livery boat - 40 feet in length and over	$90.00
Livery boat less than 16 feet in length	$30.00
Boat Transactions:
Correction of Certificate of Number	$10.00
Transfer of Ownership (Any currently TX registered vessel)	$10.00
Duplicate TX Certificate of Number (Plastic card)	$10.00
Inspection by a TPWD game warden (Form PWD 736)	$25.00
Form Fees:
Original or Correction (Return present title to TPW)	$30.00
Quick Title (in addition to above fees)	$60.00

Abandonment or Destruction of a Boat: A boat owner must report such fact within 15 days and must surrender the Certificate of Number with such notice to the TPW. Boats having no hull identification numbers will not be eligible for registration until a physical inspection has been performed by a TPW game warden.

16. Operating vessels without the required safety equipment is prohibited.

No person may operate or give permission for the operation of a vessel that is not provided with the required safety equipment.

A person found adjudged of one of the following operating violations: (1) any personal watercraft violation, (2) reckless or negligent operation, (3) excessive speed, (4) reckless operation and excessive speed, (5) hazardous wake or wash, (6) circular course around fisherman or swimmer, (7) interference with markers or ramps, (8) obstructing passage, (9) operating boats in restricted areas, (10) operating vessels in scuba diving or snorkeling areas, (11) skiing during illegal hours or in a manner that endangers life or property, shall be required to successfully complete an approved boater education course and pay a fine. Failure to complete the boater education course within 90 days will result in the person committing an offense that is a Parks and Wildlife Class A misdemeanor.

For further information contact the local game warden or write:
Texas Parks and Wildlife Department
4200 Smith School Road, Austin, TX 78744
Boater Education, Marine and Law Enforcement: 1-800-792-1112
Boat Registration: 1-800-282-8755