Texas Boating Rules for Safe Operation

Rules for Safe Boating in Texas

Reckless & Negligent Boat Operation

Texas law prohibits reckless or negligent operation of any vessel or device in a manner that endangers life, limb, or property of another. 

Texas Parks & Wildlife Code § 31.094 — Reckless or Negligent Operation

In Texas, reckless and negligent boat operation is defined as the failure to exercise the care necessary to prevent the endangerment of life, limb, or property of any other person. Examples of such behavior include boating in clearly marked restricted areas, allowing passengers to ride in unsafe locations on the boat where they may fall overboard, operating at unsafe speeds given the current conditions, and causing damage with a vessel’s wake in “No Wake” areas.

Safe Speed

Texas law requires operators to maintain a speed that is reasonable and prudent, taking into account boating traffic, weather conditions, visibility, and other potential hazards. In areas where no speed limits are posted, vessels must be operated in a manner that does not endanger others and allows for the vessel to be stopped safely.

This obligation is codified in:

Texas Parks & Wildlife Code § 31.095 — Excessive Speed / Assured Clear Distance

Restricted & Controlled Areas

Boaters must be aware of and respect areas that are restricted or controlled for various reasons, including environmental protection, safety, and security. Operating in restricted areas marked by buoys or other means is illegal.

Authority for restricted areas is established under:

Texas Parks & Wildlife Code § 31.092 — Local Water Safety Rules & Restricted Areas

TPWD publishes official regulatory markers used to denote hazards and restrictions:

TPWD — Waterway Markers Guide
https://tpwd.texas.gov/regulations/outdoor-annual/boating/waterway-markers

Unlawful Boat Operation

In Texas, it is unlawful to:

• Operate any vessel or water device recklessly or disregarding the safety of others, endangering people or property.

• Exceed a speed that is unsafe for current conditions or prevents stopping within a visible distance ahead.

• Create hazardous wakes or washes.

• Circle around other vessels, personal watercraft, or individuals engaging in water activities, except for retrieving someone from the water.

• Moor or attach to navigational aids like buoys, beacons, or markers, or to tamper, move, damage, or destroy them.

• Anchor in the navigable portion of a river or channel in a manner that blocks or interferes with the passage of other boats.

• Operate in designated areas for bathing, fishing, swimming, or restricted areas.

• Engage in water skiing, surfboarding, or similar activities from 1/2 hour after sunset to 1/2 hour before sunrise, except during adequately-lit sanctioned events.

• Operate a vessel under the influence of alcohol or drugs.

• Swim or dive within 200 yards of sightseeing or excursion boats unless for maintenance or within an enclosed area.

• Approach closer than 50 feet to a “Diver Down Flag” or within 150 feet at more than headway/steerage speed.

• Fail to comply with the USCG Inland Rules of the Road.
  
  

Relevant code references:

Texas Parks & Wildlife Code — Chapter 31 Water Safety
https://statutes.capitol.texas.gov/Docs/PW/htm/PW.31.htm

Texas Administrative Code — Title 31, Part 2 (Texas Parks & Wildlife Department)
https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=31&pt=2