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 established by the National Association of State Boating Law Administrators on or after January 1, 2016, and adopted by commission rule;
(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.
(g)  Money received by the department under Subsections (e) and (f)(1) shall be deposited in the state treasury to the credit of the game, fish, and water safety account established under Section 11.032 and may be used only for the administration of the boater education program established under this section.
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.
Acts 2023, 88th Leg., R.S., Ch. 235 (H.B. 2755), Sec. 3, eff. September 1, 2023.