(a) The executive director is authorized to certify marine sanitation devices and boat pump-out stations as meeting the requirements of this subchapter.     
      (b) The owner of any boat with a permanently installed marine sanitation device located on surface water in the state must obtain and maintain certification of facilities for that boat in accordance with the provisions of this subchapter, except as described in subsection (d) of this section.     
      (c) The owner of a boat pump-out station operated on or adjacent to surface water in the state must obtain and maintain certification of those facilities in accordance with the provisions of this subchapter.     
      (d) The certification requirement for marine sanitation devices is not required for:      
        (1) those boats that are registered in another state or country, which will be located on surface water in the state for less than 30 consecutive days during a 12-month period; provided they have a marine sanitation device meeting the requirements of this subchapter;       
        (2) any marine sanitation device owned by a federal, state, or local governmental agency; or       
        (3) those boats which are certified with an authorized local government, as described in §321.8(d) of this title (relating to Certification Fees).       
     Source Note:        The provisions of this §321.6 adopted to be effective November 11, 2010, 35 TexReg 9910