Texas Boating, Personal Watercraft (Jet Ski) & Lake Accident Law (Parks & Wildlife Code Ch. 31)
Governing Texas Statutes & Controlling Appellate Precedent
Tex. Parks & Wild. Code §§ 31.091–31.106 (Texas Water Safety Act — Reckless Operation, PWC Rules & Collision Reporting) Tex. Parks & Wild. Code § 31.105 (Mandatory TPWD Accident Report Within 30 Days — or 48 Hours for Fatalities) Tex. Penal Code § 49.06 (Boating While Intoxicated — BWI 0.08% BAC) 46 U.S.C. § 30501 et seq. (Federal Shipowner's Limitation of Liability Act on Navigable Waters)
Leading Texas Supreme Court & Appellate Decisions:
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (1995) (Navigable Waters Admiralty Test)
Overview of Texas Law & Liability Framework
Boating, wake-surfing, pontoon rental, and personal watercraft (Jet Ski / Sea-Doo) accidents on Texas lakes (Lake Travis, Lake Conroe, Lake Lewisville, Lake Texoma, Lake LBJ, Possum Kingdom, Canyon Lake, and Sam Rayburn) and the Gulf Coast are governed by the Texas Water Safety Act (Texas Parks and Wildlife Code Chapter 31) and, on navigable interstate/coastal waters, federal admiralty law.
Key Texas Statutory Rules & Liability Standards
- Navigable vs. Landlocked Texas Lakes Determines Which Law Applies: On coastal waters, the Gulf Intracoastal Waterway, and interstate navigable reservoirs (such as Lake Texoma on the Red River or Toledo Bend on the Sabine River), federal admiralty jurisdiction applies—triggering a 3-year statute of limitations and potential vessel-owner petitions under the Federal Limitation of Liability Act (46 U.S.C. § 30505). On wholly intrastate, landlocked Texas lakes (such as Lake Travis or Lake Conroe above the dams), Texas state tort law and the 2-year statute of limitations (CPRC § 16.003) govern.
- Strict Personal Watercraft (PWC / Jet Ski) Statutory Rules (Tex. Parks & Wild. Code § 31.106): Under § 31.106, it is illegal in Texas to operate a personal watercraft at night (between sunset and sunrise), within 50 feet of another vessel/person/shore except at headway speed, or by jumping the wake of another vessel recklessly close.
- Mandatory Emergency Engine Cut-Off Switch ('Kill Switch' Law — Kali's Law, § 31.1071): Enacted in 2019 (Kali's Law), Tex. Parks & Wild. Code § 31.1071 requires the operator of any motorboat under 26 feet in length in Texas to wear the emergency engine cut-off switch lanyard whenever operating above headway speed—critical in carbon-monoxide and propeller-strike litigation.
- Boating While Intoxicated (Tex. Penal Code § 49.06) & Dram Shop Liability: Operating a boat with a BAC of 0.08% or higher violates Tex. Penal Code § 49.06, and marina bars or lakeside restaurants that over-serve an obviously intoxicated boater face Texas Dram Shop liability under Tex. Alco. Bev. Code Ch. 2.
Texas Court Procedure, Crash Reporting & Evidentiary Deadlines
Under Tex. Parks & Wild. Code § 31.105, operators involved in a Texas boating collision causing injury or property damage exceeding $2,000 must file a TPWD Water Safety Accident Report within 30 days (or within 48 hours if a fatality occurs), and Game Wardens compile comprehensive forensic reconstruction reports.
Compensatory & Exemplary Damages Available Under Texas Law
Propeller-amputation and traumatic injury care (§ 41.0105), wrongful death and drowning damages (CPRC Ch. 71), lost wages (§ 18.091), disfigurement, and exemplary damages against intoxicated or reckless boat operators.
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
- 6. Independent Reference Portal — Not a Law Firm: Texas Injury Law Reference is an independent legal education publication. We are not a law firm, do not practice law, do not solicit clients, and do not operate as an attorney referral service.