(a) A person may not operate a party boat unless the person:
  (1) has in the person's immediate possession a party boat operator's license issued by the department;
  (2) is learning to operate the party boat for the purpose of acquiring a party boat operator's license and:
    (A) is an employee of the owner of the party boat or the owner's agent; and
    (B) is accompanied by a holder of a party boat operator's license issued by the department and the license holder occupies a space beside the unlicensed operator for the purpose of giving instruction on operating the party boat.
(b) It is a defense to prosecution under subsection (a)(1) of this section that the person charged produces in court:
  (1) a party boat operator's license that was issued to the person and was valid when the offense was committed; or
  (2) a valid license, issued by a state that shares a body of water with Texas, that is substantively similar in effect and scope to the party boat operator license required by this subchapter, provided:
    (A) the issuing state allows Texas vessels to operate in the shared waters under the same conditions; and
    (B) the party boat is operated only in waters shared by the issuing state and the state of Texas.

Source Note: The provisions of this §55.403 adopted to be effective January 1, 2008, 32 TexReg 10011