H.B. No. 1970
1-1 AN ACT
1-2 relating to the registration and titling of vessels and outboard
1-3 motors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 31.003(7), (8), (9), (11), (12), and
1-6 (14), Parks and Wildlife Code, are amended to read as follows:
1-7 (7) "Dealer" means a person customarily engaged in the
1-8 business of buying, selling, or exchanging vessels <motorboats> or
1-9 outboard motors at an established or permanent place of business in
1-10 this state and that at each place of business there is a sign
1-11 conspicuously displayed showing the name of the dealership so that
1-12 it may be located by the public and sufficient space to maintain an
1-13 office, service area, and display of products.
1-14 (8) "Vessel <Boat> livery" means a business
1-15 establishment engaged in renting or hiring out vessels <motorboats>
1-16 for profit.
1-17 (9) "Undocumented vessel <motorboat>" means a vessel
1-18 that is not required to have, and does not have, a valid marine
1-19 document issued by the Bureau of Customs of the United States
1-20 government or its successor.
1-21 (11) "Manufacturer" means a person engaged in the
1-22 business of manufacturing new and unused vessels <motorboats> and
1-23 outboard motors for the purpose of sale or trade.
1-24 (12) "New" means every vessel <motorboat> or outboard
2-1 motor after its manufacture and before its sale or other transfer
2-2 to a person not a manufacturer or dealer.
2-3 (14) "Personal watercraft" means a vessel of a type
2-4 <motorboat up to 10 feet in length,> which is specifically designed
2-5 to be operated by a person or persons sitting, standing, or
2-6 kneeling on the vessel rather than in the conventional manner of
2-7 sitting or standing inside the vessel.
2-8 SECTION 2. The heading to Subchapter B, Chapter 31, Parks
2-9 and Wildlife Code, is amended to read as follows:
2-10 SUBCHAPTER B. IDENTIFICATION OF VESSELS <MOTORBOATS>;
2-11 REQUIRED NUMBERING
2-12 SECTION 3. Section 31.021, Parks and Wildlife Code, is
2-13 amended to read as follows:
2-14 Sec. 31.021. Required Numbering. (a) Each undocumented
2-15 vessel <motorboat> on the water of this state shall be numbered in
2-16 accordance with the provisions of this chapter unless specifically
2-17 exempted. The numbering system shall be in accord with the Federal
2-18 Boating Act of 1958 and subsequent federal legislation.
2-19 (b) No person may operate or give permission for the
2-20 operation of any vessel <motorboat> on the water of this state
2-21 unless the vessel <motorboat> is numbered as required by this
2-22 chapter, unless the certificate of number awarded to the vessel
2-23 <motorboat> is in full force and effect, and unless the identifying
2-24 number set forth in the certificate is properly displayed on each
2-25 side of the bow of the vessel <motorboat>.
2-26 SECTION 4. Sections 31.022(a), (b), and (c) are amended to
2-27 read as follows:
3-1 (a) A vessel <motorboat> is not required to be numbered
3-2 under the provisions of this chapter if it is:
3-3 (1) operated within this state for a period not
3-4 exceeding 90 consecutive days and is covered by a number in full
3-5 force and effect which has been awarded under federal law or a
3-6 federally approved numbering system of another state;
3-7 (2) from a country other than the United States
3-8 temporarily using the water of this state;
3-9 (3) owned by the United States, a state, or a
3-10 subdivision of a state; or
3-11 (4) a ship's lifeboat.
3-12 (b) The department may exempt from numbering a class of
3-13 vessels <motorboats> if it finds that the numbering of the vessels
3-14 <motorboats> of that class will not materially aid in their
3-15 identification. The department may also exempt a vessel
3-16 <motorboat> if it finds that it belongs to a class of vessels
3-17 <motorboats> that would be exempt from numbering under a numbering
3-18 system of an agency of the federal government if it were subject to
3-19 federal law.
3-20 (c) All canoes, kayaks, punts, rowboats, <sailboats, and>
3-21 rubber rafts, or other vessels under 14 feet in length when
3-22 paddled, poled, oared, or windblown are exempt from the numbering
3-23 provisions of this chapter.
3-24 SECTION 5. Section 31.023, Parks and Wildlife Code, is
3-25 amended to read as follows:
3-26 Sec. 31.023. VESSELS <BOATS> NUMBERED UNDER FEDERAL OR OTHER
3-27 STATE LAW. The owner of any vessel <or motorboat> for which a
4-1 current certificate of number has been awarded under any federal
4-2 law or a federally approved numbering system of another state
4-3 shall, if the <motorboat or> vessel is operated on the water of
4-4 this state in excess of 90 consecutive days, make application for a
4-5 certificate of number in the manner prescribed in this chapter for
4-6 residents of this state.
4-7 SECTION 6. Sections 31.024(a), (b), (c), and (e), Parks and
4-8 Wildlife Code, are amended to read as follows:
4-9 (a) The owner of each vessel <motorboat> requiring numbering
4-10 by this state shall file an application for a number with the
4-11 department or a county tax assessor-collector.
4-12 (b) The application shall be signed by the owner of the
4-13 vessel <motorboat> and shall be accompanied by the fee prescribed
4-14 in Section 31.026 of this code. If the application is received by
4-15 a county tax assessor-collector, the application and the portion of
4-16 the fee not retained by the tax assessor-collector as a collection
4-17 fee shall be sent to the department.
4-18 (c) On receipt of the application in approved form, the
4-19 department shall enter it on the records of its office and issue to
4-20 the applicant a certificate of number stating the number awarded to
4-21 the vessel <motorboat> and the name and address of the owner.
4-22 (e) The department or county tax assessor-collector may not
4-23 issue a certificate of number unless the tax due on the vessel
4-24 <motorboat> under Chapter 160, Tax Code, is paid.
4-25 SECTION 7. Sections 31.026 and 31.030, Parks and Wildlife
4-26 Code, are amended to read as follows:
4-27 Sec. 31.026. Fees. (a) Each application for an original or
5-1 renewal certificate of number for a vessel <motorboat> shall be
5-2 accompanied by a two-year fee determined by the following
5-3 classification schedule or determined in the same classifications
5-4 by the commission, whichever amount is more:
5-5 Class Description of Vessel <Boat> Fee
5-6 Class A less than 16 feet in length $12
5-7 Class 1 16 feet or over and less than
5-8 26 feet in length $18
5-9 Class 2 26 feet or over and less than
5-10 40 feet in length $24
5-11 Class 3 40 feet or more in length $30
5-12 (b) The fee for a vessel <boat> less than 16 feet in length
5-13 owned by a vessel <boat> livery and used for rental purposes is $6
5-14 for each original and renewal application for a certificate of
5-15 number or an amount set by the commission, whichever amount is
5-16 more.
5-17 (c) Owners of newly purchased vessels <motorboats> or other
5-18 vessels <motorboats> not previously operated in this state shall
5-19 pay the full registration fee.
5-20 <(d) In order to establish a two-year staggered registration
5-21 period, fees for currently registered motorboats may be less than
5-22 the full fee specified in Subsection (a) of this section if the
5-23 expiration date established by the department is prior to March 21,
5-24 1974.>
5-25 Sec. 31.030. Duplicate Certificates and Decals. (a) If a
5-26 certificate of number becomes lost, mutilated, or illegible, the
5-27 owner of the vessel <motorboat> for which the certificate was
6-1 issued may obtain a duplicate on application to the department and
6-2 the payment of a fee of $2 or an amount set by the commission,
6-3 whichever amount is more.
6-4 (b) If a registration decal becomes lost, mutilated, or
6-5 illegible, the owner of the vessel <motorboat> for which the decal
6-6 was issued may obtain a replacement decal on application to the
6-7 department and the payment of a fee of $2 or an amount set by the
6-8 commission, whichever amount is more.
6-9 SECTION 8. Section 31.031(b), Parks and Wildlife Code, is
6-10 amended to read as follows:
6-11 (b) All basic numbers of each series shall begin with 1000.
6-12 TX-1000-AA through TX-9999-AA will be allotted to dealers and
6-13 manufacturers. TX-1000-AB through TX-9999-ZZ will be allotted to
6-14 all other vessel <boat> owners and livery operators.
6-15 SECTION 9. Sections 31.032 and 31.033, Parks and Wildlife
6-16 Code, are amended to read as follows:
6-17 Sec. 31.032. Numbering on Bow. The owner shall paint on or
6-18 attach to each side of the <motorboat or> vessel near the bow the
6-19 identification number and a validation decal in the manner
6-20 prescribed by the department. The number shall read from left to
6-21 right and shall be of block characters of good proportion of not
6-22 less than three inches in height. The numbers shall be of a color
6-23 which will contrast with the hull material of the vessel and so
6-24 maintained as to be clearly visible and legible.
6-25 Sec. 31.033. Unauthorized Numbers Prohibited. (a) No
6-26 person may paint, attach, or otherwise display on either side of
6-27 the bow of a vessel <motorboat> a number other than the number
7-1 awarded to the vessel <motorboat> or granted reciprocity under this
7-2 chapter.
7-3 (b) No person may deface or alter the certificate of number
7-4 or the number assigned to and appearing on the bow of a vessel
7-5 <boat>.
7-6 SECTION 10. Section 31.0341(b), Parks and Wildlife Code, is
7-7 amended to read as follows:
7-8 (b) The county tax assessor-collector is entitled to a fee
7-9 of 10 percent of the amount of the fee for each certificate. The
7-10 amount retained by the tax assessor-collector shall be deposited to
7-11 the credit of the officers salary fund of the county to be used for
7-12 the sole purpose of paying the salaries of persons issuing vessel
7-13 <boat> certificates of number.
7-14 SECTION 11. Sections 31.036, 31.037, and 31.040, Parks and
7-15 Wildlife Code, are amended to read as follows:
7-16 Sec. 31.036. þNProof of Ownershipää. (a) A certificate of
7-17 title is required as proof of ownership of a vessel <motorboat> for
7-18 which a certificate of number is sought <unless the motorboat is of
7-19 the type for which no certificate of title is required under
7-20 Section 31.045 of this code>.
7-21 (b) A certified statement of ownership is sufficient proof
7-22 of ownership for a vessel <motorboat> of a type for which a
7-23 certificate of title is not required.
7-24 Sec. 31.037. þNChange in Ownership Interest; Notice to
7-25 Departmentää. (a) The owner of a vessel <motorboat> numbered in
7-26 this state shall notify the department within a reasonable time of
7-27 the transfer of all or any part of his interest in the vessel
8-1 <motorboat>, other than the creation of a security interest, or of
8-2 the destruction or abandonment of the vessel <motorboat>. The
8-3 notice shall be accompanied by a surrender of the certificate of
8-4 number.
8-5 (b) If the vessel <boat> is destroyed or abandoned, the
8-6 department shall cancel the certificate and enter the cancellation
8-7 in its records.
8-8 (c) The purchaser of a vessel <motorboat> shall present
8-9 evidence of his ownership to the department within a reasonable
8-10 time along with his name, address, and the number of the vessel
8-11 <motorboat> and shall at the same time pay to the department a fee
8-12 of $2 or an amount set by the commission, whichever amount is more.
8-13 On receipt of the application and fee the department shall transfer
8-14 the certificate of number issued for the vessel <motorboat> to the
8-15 new owner. Unless the application is made and fee paid within a
8-16 reasonable time the vessel <motorboat> is without a certificate of
8-17 number, and it is unlawful for any person to operate the vessel
8-18 <motorboat> until the certificate is issued.
8-19 Sec. 31.040. VESSEL <BOAT> LIVERIES. (a) The owner or
8-20 operator of a vessel <boat> livery shall obtain a certificate of
8-21 number for all vessels <capable of> being used as motorboats <that
8-22 are used> to rent or let for hire.
8-23 (b) To receive certificates of number, the owner of a vessel
8-24 <boat> livery shall apply directly to the department on application
8-25 forms provided by the department. The application must state that
8-26 the applicant is a vessel <boat> livery within the meaning of this
8-27 chapter, and the facts stated in the application must be sworn
9-1 before an officer authorized to administer oaths.
9-2 (c) The owner of a vessel <boat> livery shall keep a record
9-3 of the name and address of the persons hiring any vessel <designed
9-4 or> operated as a motorboat, the vessel's certificate of number,
9-5 the time and date of departure, and the expected time of return.
9-6 The record shall be kept for six months.
9-7 SECTION 12. Section 31.041, Parks and Wildlife Code, is
9-8 amended to read as follows:
9-9 Sec. 31.041. DEALER'S AND MANUFACTURER'S NUMBER. (a) A
9-10 dealer or manufacturer of vessels <motorboats> in this state may
9-11 obtain a dealer's and manufacturer's number for vessels
9-12 <motorboats> he wishes to show, demonstrate, or test on the water
9-13 of this state instead of securing a certificate of number for each
9-14 vessel <boat>. The number shall be attached to any vessel
9-15 <motorboat> that he sends temporarily on the water.
9-16 (b) The application for a number must state that the
9-17 applicant is a dealer or manufacturer within the meaning of this
9-18 chapter, and the facts stated on the application must be sworn
9-19 before an officer authorized to administer oaths. The application
9-20 must be accompanied by photographs of the business sufficient to
9-21 show the required sign and space. The application must also be
9-22 accompanied by a copy of the tax permit of the dealer or
9-23 manufacturer issued by the comptroller under Chapter 151, Tax Code,
9-24 if the dealer or manufacturer has a tax permit. The two-year fee
9-25 for a dealer's and manufacturer's number is $45 or an amount set by
9-26 the commission, whichever amount is more. No number may be issued
9-27 until the provisions of this section have been satisfied.
10-1 (c) A dealer or manufacturer holding a dealer's and
10-2 manufacturer's number may issue a reasonable temporary facsimile of
10-3 the number which may be used by any authorized person. A person
10-4 purchasing a vessel <motorboat> may use the dealer's number for a
10-5 period not to exceed 15 days prior to filing an application for a
10-6 certificate of number. The form of the facsimile and the manner of
10-7 display shall be prescribed by the department.
10-8 (d) A dealer or manufacturer holding a dealer's and
10-9 manufacturer's number may transfer a certificate of number or a
10-10 certificate of title to a vessel or outboard motor without securing
10-11 a certificate of number or certificate of title in the dealer's
10-12 name if the vessel or outboard motor is sold in the normal course
10-13 of the dealer's or manufacturer's business. Any other person
10-14 transferring a vessel and outboard motor must secure a certificate
10-15 of number and certificate of title in the person's name before
10-16 transferring the certificate of number or the certificate of title.
10-17 SECTION 13. Section 31.042(b), Parks and Wildlife Code, is
10-18 amended to read as follows:
10-19 (b) Causes for cancellation of certificates and voiding of
10-20 numbers include:
10-21 (1) surrender of the certificate for cancellation;
10-22 (2) issuance of a new number for the same vessel
10-23 <boat>;
10-24 (3) issuance of a marine document by the Bureau of
10-25 Customs for the same vessel;
10-26 (4) false or fraudulent certification in an
10-27 application for number;
11-1 (5) failure to pay the prescribed fee; and
11-2 (6) dismantling, destruction, or other change in the
11-3 form or character of the vessel <motorboat> or outboard motor so
11-4 that it is no longer correctly described in the certificate or it
11-5 no longer meets the definition of a vessel <motorboat> or outboard
11-6 motor.
11-7 SECTION 14. Sections 31.043(a) and (c), Parks and Wildlife
11-8 Code, are amended to read as follows:
11-9 (a) All vessels <boats> manufactured for sale in Texas shall
11-10 carry a manufacturer's serial number clearly imprinted on the
11-11 structure of the vessel <boat> or displayed on a plate permanently
11-12 attached to the vessel <boat>.
11-13 (c) No person may wilfully destroy, remove, alter, cover, or
11-14 deface the manufacturer's serial number or plate bearing the serial
11-15 number or the serial number issued by the department. No person
11-16 may possess a vessel <boat> with a serial number that has been
11-17 altered, defaced, mutilated, or removed. A person who has a vessel
11-18 <boat> with an altered or missing serial number shall file a sworn
11-19 statement with the department describing the vessel <boat>, proving
11-20 legal ownership, and, if known, stating the reason for the
11-21 destruction, removal, or defacement of the serial number.
11-22 SECTION 15. The heading to Subchapter B-1, Chapter 31, Parks
11-23 and Wildlife Code, is amended to read as follows:
11-24 SUBCHAPTER B-1. CERTIFICATES OF TITLE FOR VESSELS <MOTORBOATS>
11-25 AND OUTBOARD MOTORS
11-26 SECTION 16. Sections 31.045 and 31.046, Parks and Wildlife
11-27 Code, are amended to read as follows:
12-1 Sec. 31.045. OWNERSHIP OF VESSELS <MOTORBOATS> AND OUTBOARD
12-2 MOTORS; CERTIFICATES OF TITLE. (a) The ownership of a vessel
12-3 <motorboat> or of an outboard motor is evidenced by a certificate
12-4 of title issued by the department, unless the vessel <motorboat> or
12-5 the outboard motor is new.
12-6 (b) The ownership of a new vessel <motorboat> or a new
12-7 outboard motor is evidenced by a manufacturer's or an importer's
12-8 certificate executed on a form prescribed by the department.
12-9 (c) <The ownership of a vessel, other than a motorboat more
12-10 than 14 feet long, or of an outboard motor, other than an outboard
12-11 motor having a manufacturer's rating of 12 or more horsepower, may,
12-12 but is not required to be, evidenced by a certificate of title
12-13 issued by the department, unless the vessel or outboard motor is
12-14 new.>
12-15 <(d) The ownership of a new vessel, other than a motorboat
12-16 more than 14 feet long, or of a new outboard motor, other than an
12-17 outboard motor having a manufacturer's rating of 12 or more
12-18 horsepower, may, but is not required to be, evidenced by a
12-19 manufacturer's or importer's certificate executed on a form
12-20 prescribed by the department.>
12-21 <(e)> Separate certificates are required for vessels
12-22 <motorboats> and for outboard motors.
12-23 (d) The ownership of a vessel exempted from numbering under
12-24 Section 31.022(c) of this code is not required to be evidenced by a
12-25 certificate of title issued by the department.
12-26 Sec. 31.046. þNApplication for Certificate of Titleää. (a)
12-27 Except as provided in Subsections (b) and (c) of this section, the
13-1 purchaser of a vessel <motorboat> or an outboard motor shall apply
13-2 to the department or to a county tax assessor-collector for a
13-3 certificate of title not later than 20 days after the date of the
13-4 sale of the vessel <motorboat> or outboard motor.
13-5 (b) A manufacturer or a dealer who sells a vessel
13-6 <motorboat> or an outboard motor to a person other than a
13-7 manufacturer or a dealer shall apply to the department or to a
13-8 county tax assessor-collector for a certificate of title for the
13-9 vessel <motorboat> or outboard motor in the name of the purchaser
13-10 not later than 20 days after the date of the sale.
13-11 (c) A dealer who acquires a vessel <motorboat> or an
13-12 outboard motor, other than a new vessel <motorboat> or outboard
13-13 motor, is not required to apply for a certificate of title in the
13-14 name of the dealer, but on resale of the vessel <motorboat> or
13-15 outboard motor shall apply for the subsequent purchaser under
13-16 Subsection (b) of this section and shall submit to the department
13-17 or to a county tax assessor-collector the endorsed certificate of
13-18 title acquired by the dealer.
13-19 (d) The department or county tax assessor-collector may not
13-20 issue a certificate of title unless the tax due on the vessel
13-21 <motorboat> or outboard motor under Chapter 160, Tax Code, is paid.
13-22 SECTION 17. Sections 31.047(b) and (f), Parks and Wildlife
13-23 Code, are amended to read as follows:
13-24 (b) The form must contain:
13-25 (1) the name and address of the owner;
13-26 (2) a description of the vessel <motorboat> or
13-27 outboard motor, including, as appropriate, the manufacturer, make,
14-1 model, year, length, construction material, manufacturer's or
14-2 builder's number, hull identification number (HIN), motor number,
14-3 outdrive number, and horsepower;
14-4 (3) name and address of purchaser;
14-5 (4) date of purchase;
14-6 (5) name and address of any security interest owner;
14-7 <and>
14-8 (6) the appropriate affidavit as required by Section
14-9 160.042, Tax Code; and
14-10 (7) other information required by the department to
14-11 show the ownership of the vessel <motorboat> or outboard motor, a
14-12 security interest in the vessel <motorboat> or outboard motor, or a
14-13 further description of items listed in the subdivision.
14-14 (f) An application for a certificate of title on a homemade
14-15 vessel <boat>, the origin of which is based on the affidavit of the
14-16 person building the vessel <boat>, proof of materials incorporated
14-17 into the vessel <boat>, and the like, must be accompanied by a
14-18 certificate from a peace officer, as defined in the Code of
14-19 Criminal Procedure, that the vessel <boat> has been inspected by
14-20 such officer and appears to be as applied for. The applicant shall
14-21 pay a fee of $25 to the employer of the peace officer for this
14-22 inspection.
14-23 SECTION 18. Section 31.048(b), Parks and Wildlife Code, is
14-24 amended to read as follows:
14-25 (b) If the fee is collected by a county tax
14-26 assessor-collector, the tax assessor-collector shall retain 10
14-27 percent of the fee collected and send the remainder to the
15-1 department. The amount retained by the tax assessor-collector
15-2 shall be deposited to the credit of the officers salary fund of the
15-3 county to be used for the sole purpose of paying the salaries of
15-4 persons issuing vessel <boat> and outboard motor certificates of
15-5 title.
15-6 SECTION 19. Sections 31.049(a), (b), (c), and (e), Parks and
15-7 Wildlife Code, are amended to read as follows:
15-8 (a) A certificate of title must be on a form prescribed by
15-9 the department and must contain:
15-10 (1) the name and address of the owner of the vessel
15-11 <motorboat> or outboard motor;
15-12 (2) the name of the owner of a security interest in
15-13 the vessel <motorboat> or outboard motor; and
15-14 (3) a description of the vessel <motorboat> or
15-15 outboard motor.
15-16 (b) If there is no lien on the vessel <motorboat> or
15-17 outboard motor, the original certificate of title shall be
15-18 delivered to the owner and a copy retained by the department.
15-19 (c) If there is a lien on the vessel <motorboat> or outboard
15-20 motor, the original certificate of title shall be sent to the first
15-21 lienholder, a duplicate original certificate shall be sent to the
15-22 owner, and a copy shall be retained by the department.
15-23 (e) Title may be transferred <only> by surrender of the
15-24 original certificate of title properly endorsed to show the
15-25 transfer, <or> by evidence of an involuntary transfer as defined in
15-26 Subdivision (5) of Subsection (a) of Section 31.053, or by
15-27 following the provisions of Subsection (c) of Section 31.053 of
16-1 this code <as amended>.
16-2 SECTION 20. Sections 31.050(a) and (c), Parks and Wildlife
16-3 Code, are amended to read as follows:
16-4 (a) A manufacturer's certificate or an importer's
16-5 certificate must include:
16-6 (1) a description of the vessel <motorboat> or
16-7 outboard motor as required by Subdivision (2) of Subsection (b) of
16-8 Section 31.047 of this code;
16-9 (2) the name and place of construction or other
16-10 origin;
16-11 (3) the signature of the manufacturer or an equivalent
16-12 of the signature of the manufacturer; and
16-13 (4) the endorsement of the original and each
16-14 subsequent transferee, including the applicant for the original
16-15 certificate of title.
16-16 (c) A security interest in a vessel <motorboat> or outboard
16-17 motor held as inventory by a person who is in the business of
16-18 selling or leasing goods of that kind may be perfected only by
16-19 complying with Chapter 9, Business & Commerce Code.
16-20 SECTION 21. Section 31.052(a), Parks and Wildlife Code, is
16-21 amended to read as follows:
16-22 (a) Except as provided in Subsection (c) of Section 31.050
16-23 of this code and except for statutory liens, security interests in
16-24 a vessel <motorboat> or outboard motor shall be noted on the
16-25 certificate of title of the vessel <motorboat> or outboard motor to
16-26 which the security interest applies.
16-27 SECTION 22. Section 31.053, Parks and Wildlife Code, is
17-1 amended to read as follows:
17-2 Sec. 31.053. Transfers of Vessels <Motorboats> and Outboard
17-3 Motors. (a) No person may sell, assign, transfer, or otherwise
17-4 dispose of an interest in a vessel <motorboat> or an outboard motor
17-5 without:
17-6 (1) if the transferee is not a manufacturer or a
17-7 dealer and the vessel or outboard motor is new, delivering to the
17-8 department a manufacturer's or importer's certificate showing the
17-9 endorsement of the manufacturer and all intervening owners;
17-10 (2) if the transferee is a manufacturer or a dealer
17-11 and the vessel or outboard motor is new, delivering to the
17-12 transferee a manufacturer's or importer's certificate showing the
17-13 endorsement of the manufacturer and all intervening owners;
17-14 (3) if the vessel <motorboat> or outboard motor is not
17-15 covered by a certificate of title or a manufacturer's or importer's
17-16 certificate and if the transferor is a manufacturer or dealer,
17-17 delivering to the department sufficient evidence of title or other
17-18 information to permit the issuance of a certificate of title for
17-19 the vessel <motorboat> or outboard motor in the name of the
17-20 transferee;
17-21 (4) if the vessel <motorboat> or outboard motor is not
17-22 covered by a certificate of title or a manufacturer's or importer's
17-23 certificate and if the transferor is not a manufacturer or dealer,
17-24 delivering to the transferee sufficient evidence of title or other
17-25 information to permit the transferee to apply for and receive a
17-26 certificate of title for the vessel <motorboat> or outboard motor
17-27 in the name of the transferee; or
18-1 (5) delivering to the transferee a certificate of
18-2 title for the vessel <motorboat> or outboard motor in the name of
18-3 the transferor and properly endorsed to show the transfer or
18-4 evidence of an involuntary transfer.
18-5 (b) For the purposes of Subsection (a)(5) of this section
18-6 <hereof> an involuntary transfer shall mean the transfer of
18-7 ownership pursuant to a contractual or statutory lien which confers
18-8 the power or right to the transfer. The evidence shall reflect the
18-9 proper exercise of the right conferred pursuant to the lien.
18-10 (c) The transferor shall provide the documents or evidence
18-11 required by Subsection (a) of this section to the department or the
18-12 transferee, as appropriate, in sufficient time to allow the
18-13 transferee to register and obtain a certificate of title for the
18-14 vessel or outboard motor not later than 20 days after the date of
18-15 the sale.
18-16 (d) <(b)> Notwithstanding the provisions of Subsection (a)
18-17 of this section <above>, a buyer of a new vessel <motorboat> or a
18-18 new outboard motor in the ordinary course of business as provided
18-19 in Section 9.307(a), <of the> Business & Commerce Code, takes the
18-20 interest free of security interests as provided in that section. A
18-21 buyer of a vessel <motorboat> or outboard motor that is not new
18-22 shall be governed by Subsection (a) of this section <above>.
18-23 (e) The transferee shall provide the department with
18-24 sufficient evidence of ownership for transfer of a vessel or
18-25 outboard motor if the transferee:
18-26 (1) failed to obtain the title from the transferor or
18-27 the title was lost, stolen, or mutilated before the transfer was
19-1 made; and
19-2 (2) has made reasonable efforts to contact the
19-3 transferor to obtain the required documentation.
19-4 SECTION 23. Section 31.055, Parks and Wildlife Code, is
19-5 amended to read as follows:
19-6 Sec. 31.055. Exceptions. This subchapter does not apply
19-7 to<:>
19-8 <(1)> vessels with a valid marine document issued by
19-9 the Bureau of Customs of the United States or a federal agency that
19-10 is a successor to the Bureau of Customs<;>
19-11 <(2) an outboard motor of less than 12 horsepower as
19-12 determined by the manufacturer's rating; and>
19-13 <(3) a motorboat 14 feet or less in length>.
19-14 SECTION 24. Section 47.007(d), Parks and Wildlife Code, is
19-15 amended to read as follows:
19-16 (d) An applicant for a commercial fish boat license must
19-17 submit to the department the vessel's United States Coast Guard
19-18 Certificate of Documentation or Texas' or other state's Certificate
19-19 of Number for a vessel or motorboat. The license issued by the
19-20 department must contain:
19-21 (1) the name of the boat; and
19-22 (2) the number appearing on the United States Coast
19-23 Guard Certificate of Documentation of Texas' or other state's
19-24 Certificate of Number.
19-25 SECTION 25. Section 77.036(a), Parks and Wildlife Code, is
19-26 amended to read as follows:
19-27 (a) An applicant for a commercial shrimp boat license issued
20-1 under this subchapter must submit to the department the boat's
20-2 United States Coast Guard certificate of documentation or the Texas
20-3 certificate of number for a vessel <motorboat>.
20-4 SECTION 26. Section 76.102(a), Parks and Wildlife Code, is
20-5 amended to read as follows:
20-6 (a) An applicant for an oyster boat license issued under
20-7 this subchapter must submit to the department the boat's United
20-8 States Coast Guard certificate of documentation or Texas' or other
20-9 state's certificate of number for a vessel or motorboat.
20-10 SECTION 27. Sections 31.027 and 31.054 and Chapter 32, Parks
20-11 and Wildlife Code, are repealed.
20-12 SECTION 28. To the extent that the changes in law made by
20-13 this Act impose a requirement on a person, vessel, or outboard
20-14 motor that did not previously apply to the person, vessel, or
20-15 motor, the person, vessel, or motor need not comply with the
20-16 requirement until January 1, 1994.
20-17 SECTION 29. This Act takes effect September 1, 1993.
20-18 SECTION 30. The importance of this legislation and the
20-19 crowded condition of the calendars in both houses create an
20-20 emergency and an imperative public necessity that the
20-21 constitutional rule requiring bills to be read on three several
20-22 days in each house be suspended, and this rule is hereby suspended.