(a) Except as provided by § 31.131, this section applies to a person who violates for the first time a provision of this chapter relating to the operation of a vessel.
(b) A justice may defer imposition of a fine and place a defendant on probation for a period not to exceed 60 days if the defendant:
(1) pleads guilty or nolo contendere or is found guilty; and
(2) requests permission from the court to attend a boater education course.

Terms Used In Texas Parks and Wildlife Code 31.130

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(c) The justice shall require the defendant to successfully complete a boater education course approved by the department during the probation period.
(d) If the defendant presents satisfactory evidence that the defendant has successfully completed the boater education course, the justice shall waive imposition of a fine. If the defendant fails to successfully complete the boater education course, the justice shall impose a fine for the violation.

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