A judge on Thursday declined to throw out the indictment. The defense challenged wording of the time frame, between September 2007 and September 2009.
The San Antonio Express-News reports Assistant Attorney General David Glickler says that's when Tucker allegedly kept the boat at his home.
Tucker told investigators he feared the boat would be vandalized if left outside the sheriff's department.
A game warden in 2009 stopped Tucker, with his wife and mother, on the boat at Choke Canyon Reservoir. Tucker said they were retrieving trot lines he put out using his personal boat, which he said had broken down.