1-1 By: Saunders (Senate Sponsor - Montford) H.B. No. 1970
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 19, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 21, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 3; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the registration and titling of vessels and outboard
1-22 motors.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Sections 31.003(7), (8), (9), (11), (12), and
1-25 (14), Parks and Wildlife Code, are amended to read as follows:
1-26 (7) "Dealer" means a person customarily engaged in the
1-27 business of buying, selling, or exchanging vessels <motorboats> or
1-28 outboard motors at an established or permanent place of business in
1-29 this state and that at each place of business there is a sign
1-30 conspicuously displayed showing the name of the dealership so that
1-31 it may be located by the public and sufficient space to maintain an
1-32 office, service area, and display of products.
1-33 (8) "Vessel <Boat> livery" means a business
1-34 establishment engaged in renting or hiring out vessels <motorboats>
1-35 for profit.
1-36 (9) "Undocumented vessel <motorboat>" means a vessel
1-37 that is not required to have, and does not have, a valid marine
1-38 document issued by the Bureau of Customs of the United States
1-39 government or its successor.
1-40 (11) "Manufacturer" means a person engaged in the
1-41 business of manufacturing new and unused vessels <motorboats> and
1-42 outboard motors for the purpose of sale or trade.
1-43 (12) "New" means every vessel <motorboat> or outboard
1-44 motor after its manufacture and before its sale or other transfer
1-45 to a person not a manufacturer or dealer.
1-46 (14) "Personal watercraft" means a vessel of a type
1-47 <motorboat up to 10 feet in length,> which is specifically designed
1-48 to be operated by a person or persons sitting, standing, or
1-49 kneeling on the vessel rather than in the conventional manner of
1-50 sitting or standing inside the vessel.
1-51 SECTION 2. The heading to Subchapter B, Chapter 31, Parks
1-52 and Wildlife Code, is amended to read as follows:
1-53 SUBCHAPTER B. IDENTIFICATION OF VESSELS <MOTORBOATS>;
1-54 REQUIRED NUMBERING
1-55 SECTION 3. Section 31.021, Parks and Wildlife Code, is
1-56 amended to read as follows:
1-57 Sec. 31.021. Required Numbering. (a) Each undocumented
1-58 vessel <motorboat> on the water of this state shall be numbered in
1-59 accordance with the provisions of this chapter unless specifically
1-60 exempted. The numbering system shall be in accord with the Federal
1-61 Boating Act of 1958 and subsequent federal legislation.
1-62 (b) No person may operate or give permission for the
1-63 operation of any vessel <motorboat> on the water of this state
1-64 unless the vessel <motorboat> is numbered as required by this
1-65 chapter, unless the certificate of number awarded to the vessel
1-66 <motorboat> is in full force and effect, and unless the identifying
1-67 number set forth in the certificate is properly displayed on each
1-68 side of the bow of the vessel <motorboat>.
2-1 SECTION 4. Sections 31.022(a), (b), and (c) are amended to
2-2 read as follows:
2-3 (a) A vessel <motorboat> is not required to be numbered
2-4 under the provisions of this chapter if it is:
2-5 (1) operated within this state for a period not
2-6 exceeding 90 consecutive days and is covered by a number in full
2-7 force and effect which has been awarded under federal law or a
2-8 federally approved numbering system of another state;
2-9 (2) from a country other than the United States
2-10 temporarily using the water of this state;
2-11 (3) owned by the United States, a state, or a
2-12 subdivision of a state; or
2-13 (4) a ship's lifeboat.
2-14 (b) The department may exempt from numbering a class of
2-15 vessels <motorboats> if it finds that the numbering of the vessels
2-16 <motorboats> of that class will not materially aid in their
2-17 identification. The department may also exempt a vessel
2-18 <motorboat> if it finds that it belongs to a class of vessels
2-19 <motorboats> that would be exempt from numbering under a numbering
2-20 system of an agency of the federal government if it were subject to
2-21 federal law.
2-22 (c) All canoes, kayaks, punts, rowboats, <sailboats, and>
2-23 rubber rafts, or other vessels when paddled, poled, or oared<, or
2-24 windblown> are exempt from the numbering provisions of this
2-25 chapter.
2-26 SECTION 5. Section 31.023, Parks and Wildlife Code, is
2-27 amended to read as follows:
2-28 Sec. 31.023. VESSELS <BOATS> NUMBERED UNDER FEDERAL OR OTHER
2-29 STATE LAW. The owner of any vessel <or motorboat> for which a
2-30 current certificate of number has been awarded under any federal
2-31 law or a federally approved numbering system of another state
2-32 shall, if the <motorboat or> vessel is operated on the water of
2-33 this state in excess of 90 consecutive days, make application for a
2-34 certificate of number in the manner prescribed in this chapter for
2-35 residents of this state.
2-36 SECTION 6. Sections 31.024(a), (b), (c), and (e), Parks and
2-37 Wildlife Code, are amended to read as follows:
2-38 (a) The owner of each vessel <motorboat> requiring numbering
2-39 by this state shall file an application for a number with the
2-40 department or a county tax assessor-collector.
2-41 (b) The application shall be signed by the owner of the
2-42 vessel <motorboat> and shall be accompanied by the fee prescribed
2-43 in Section 31.026 of this code. If the application is received by
2-44 a county tax assessor-collector, the application and the portion of
2-45 the fee not retained by the tax assessor-collector as a collection
2-46 fee shall be sent to the department.
2-47 (c) On receipt of the application in approved form, the
2-48 department shall enter it on the records of its office and issue to
2-49 the applicant a certificate of number stating the number awarded to
2-50 the vessel <motorboat> and the name and address of the owner.
2-51 (e) The department or county tax assessor-collector may not
2-52 issue a certificate of number unless the tax due on the vessel
2-53 <motorboat> under Chapter 160, Tax Code, is paid.
2-54 SECTION 7. Sections 31.026 and 31.030, Parks and Wildlife
2-55 Code, are amended to read as follows:
2-56 Sec. 31.026. Fees. (a) Each application for an original or
2-57 renewal certificate of number for a vessel <motorboat> shall be
2-58 accompanied by a two-year fee determined by the following
2-59 classification schedule or determined in the same classifications
2-60 by the commission, whichever amount is more:
2-61 Class Description of Vessel <Boat> Fee
2-62 Class A less than 16 feet in length $12
2-63 Class 1 16 feet or over and less than
2-64 26 feet in length $18
2-65 Class 2 26 feet or over and less than
2-66 40 feet in length $24
2-67 Class 3 40 feet or more in length $30
2-68 (b) The fee for a vessel <boat> less than 16 feet in length
2-69 owned by a vessel <boat> livery and used for rental purposes is $6
2-70 for each original and renewal application for a certificate of
3-1 number or an amount set by the commission, whichever amount is
3-2 more.
3-3 (c) Owners of newly purchased vessels <motorboats> or other
3-4 vessels <motorboats> not previously operated in this state shall
3-5 pay the full registration fee.
3-6 <(d) In order to establish a two-year staggered registration
3-7 period, fees for currently registered motorboats may be less than
3-8 the full fee specified in Subsection (a) of this section if the
3-9 expiration date established by the department is prior to March 21,
3-10 1974.>
3-11 Sec. 31.030. Duplicate Certificates and Decals. (a) If a
3-12 certificate of number becomes lost, mutilated, or illegible, the
3-13 owner of the vessel <motorboat> for which the certificate was
3-14 issued may obtain a duplicate on application to the department and
3-15 the payment of a fee of $2 or an amount set by the commission,
3-16 whichever amount is more.
3-17 (b) If a registration decal becomes lost, mutilated, or
3-18 illegible, the owner of the vessel <motorboat> for which the decal
3-19 was issued may obtain a replacement decal on application to the
3-20 department and the payment of a fee of $2 or an amount set by the
3-21 commission, whichever amount is more.
3-22 SECTION 8. Section 31.031(b), Parks and Wildlife Code, is
3-23 amended to read as follows:
3-24 (b) All basic numbers of each series shall begin with 1000.
3-25 TX-1000-AA through TX-9999-AA will be allotted to dealers and
3-26 manufacturers. TX-1000-AB through TX-9999-ZZ will be allotted to
3-27 all other vessel <boat> owners and livery operators.
3-28 SECTION 9. Sections 31.032 and 31.033, Parks and Wildlife
3-29 Code, are amended to read as follows:
3-30 Sec. 31.032. Numbering on Bow. The owner shall paint on or
3-31 attach to each side of the <motorboat or> vessel near the bow the
3-32 identification number and a validation decal in the manner
3-33 prescribed by the department. The number shall read from left to
3-34 right and shall be of block characters of good proportion of not
3-35 less than three inches in height. The numbers shall be of a color
3-36 which will contrast with the hull material of the vessel and so
3-37 maintained as to be clearly visible and legible.
3-38 Sec. 31.033. Unauthorized Numbers Prohibited. (a) No
3-39 person may paint, attach, or otherwise display on either side of
3-40 the bow of a vessel <motorboat> a number other than the number
3-41 awarded to the vessel <motorboat> or granted reciprocity under this
3-42 chapter.
3-43 (b) No person may deface or alter the certificate of number
3-44 or the number assigned to and appearing on the bow of a vessel
3-45 <boat>.
3-46 SECTION 10. Section 31.0341(b), Parks and Wildlife Code, is
3-47 amended to read as follows:
3-48 (b) The county tax assessor-collector is entitled to a fee
3-49 of 10 percent of the amount of the fee for each certificate. The
3-50 amount retained by the tax assessor-collector shall be deposited to
3-51 the credit of the officers salary fund of the county to be used for
3-52 the sole purpose of paying the salaries of persons issuing vessel
3-53 <boat> certificates of number.
3-54 SECTION 11. Sections 31.036, 31.037, and 31.040, Parks and
3-55 Wildlife Code, are amended to read as follows:
3-56 Sec. 31.036. þNProof of Ownershipää. (a) A certificate of
3-57 title is required as proof of ownership of a vessel <motorboat> for
3-58 which a certificate of number is sought <unless the motorboat is of
3-59 the type for which no certificate of title is required under
3-60 Section 31.045 of this code>.
3-61 (b) A certified statement of ownership is sufficient proof
3-62 of ownership for a vessel <motorboat> of a type for which a
3-63 certificate of title is not required.
3-64 Sec. 31.037. þNChange in Ownership Interest; Notice to
3-65 Departmentää. (a) The owner of a vessel <motorboat> numbered in
3-66 this state shall notify the department within a reasonable time of
3-67 the transfer of all or any part of his interest in the vessel
3-68 <motorboat>, other than the creation of a security interest, or of
3-69 the destruction or abandonment of the vessel <motorboat>. The
3-70 notice shall be accompanied by a surrender of the certificate of
4-1 number.
4-2 (b) If the vessel <boat> is destroyed or abandoned, the
4-3 department shall cancel the certificate and enter the cancellation
4-4 in its records.
4-5 (c) The purchaser of a vessel <motorboat> shall present
4-6 evidence of his ownership to the department within a reasonable
4-7 time along with his name, address, and the number of the vessel
4-8 <motorboat> and shall at the same time pay to the department a fee
4-9 of $2 or an amount set by the commission, whichever amount is more.
4-10 On receipt of the application and fee the department shall transfer
4-11 the certificate of number issued for the vessel <motorboat> to the
4-12 new owner. Unless the application is made and fee paid within a
4-13 reasonable time the vessel <motorboat> is without a certificate of
4-14 number, and it is unlawful for any person to operate the vessel
4-15 <motorboat> until the certificate is issued.
4-16 Sec. 31.040. VESSEL <BOAT> LIVERIES. (a) The owner or
4-17 operator of a vessel <boat> livery shall obtain a certificate of
4-18 number for all vessels <capable of> being used as motorboats <that
4-19 are used> to rent or let for hire.
4-20 (b) To receive certificates of number, the owner of a vessel
4-21 <boat> livery shall apply directly to the department on application
4-22 forms provided by the department. The application must state that
4-23 the applicant is a vessel <boat> livery within the meaning of this
4-24 chapter, and the facts stated in the application must be sworn
4-25 before an officer authorized to administer oaths.
4-26 (c) The owner of a vessel <boat> livery shall keep a record
4-27 of the name and address of the persons hiring any vessel <designed
4-28 or> operated as a motorboat, the vessel's certificate of number,
4-29 the time and date of departure, and the expected time of return.
4-30 The record shall be kept for six months.
4-31 SECTION 12. Section 31.041, Parks and Wildlife Code, is
4-32 amended to read as follows:
4-33 Sec. 31.041. DEALER'S AND MANUFACTURER'S NUMBER. (a) A
4-34 dealer or manufacturer of vessels <motorboats> in this state may
4-35 obtain a dealer's and manufacturer's number for vessels
4-36 <motorboats> he wishes to show, demonstrate, or test on the water
4-37 of this state instead of securing a certificate of number for each
4-38 vessel <boat>. The number shall be attached to any vessel
4-39 <motorboat> that he sends temporarily on the water.
4-40 (b) The application for a number must state that the
4-41 applicant is a dealer or manufacturer within the meaning of this
4-42 chapter, and the facts stated on the application must be sworn
4-43 before an officer authorized to administer oaths. The application
4-44 must be accompanied by photographs of the business sufficient to
4-45 show the required sign and space. The application must also be
4-46 accompanied by a copy of the tax permit of the dealer or
4-47 manufacturer issued by the comptroller under Chapter 151, Tax Code,
4-48 if the dealer or manufacturer has a tax permit. The two-year fee
4-49 for a dealer's and manufacturer's number is $45 or an amount set by
4-50 the commission, whichever amount is more. No number may be issued
4-51 until the provisions of this section have been satisfied.
4-52 (c) A dealer or manufacturer holding a dealer's and
4-53 manufacturer's number may issue a reasonable temporary facsimile of
4-54 the number which may be used by any authorized person. A person
4-55 purchasing a vessel <motorboat> may use the dealer's number for a
4-56 period not to exceed 15 days prior to filing an application for a
4-57 certificate of number. The form of the facsimile and the manner of
4-58 display shall be prescribed by the department.
4-59 (d) A dealer or manufacturer holding a dealer's and
4-60 manufacturer's number may transfer a certificate of number or a
4-61 certificate of title to a vessel or outboard motor without securing
4-62 a certificate of number or certificate of title in the dealer's
4-63 name if the vessel or outboard motor is sold in the normal course
4-64 of the dealer's or manufacturer's business. Any other person
4-65 transferring a vessel and outboard motor must secure a certificate
4-66 of number and certificate of title in the person's name before
4-67 transferring the certificate of number or the certificate of title.
4-68 SECTION 13. Section 31.042(b), Parks and Wildlife Code, is
4-69 amended to read as follows:
4-70 (b) Causes for cancellation of certificates and voiding of
5-1 numbers include:
5-2 (1) surrender of the certificate for cancellation;
5-3 (2) issuance of a new number for the same vessel
5-4 <boat>;
5-5 (3) issuance of a marine document by the Bureau of
5-6 Customs for the same vessel;
5-7 (4) false or fraudulent certification in an
5-8 application for number;
5-9 (5) failure to pay the prescribed fee; and
5-10 (6) dismantling, destruction, or other change in the
5-11 form or character of the vessel <motorboat> or outboard motor so
5-12 that it is no longer correctly described in the certificate or it
5-13 no longer meets the definition of a vessel <motorboat> or outboard
5-14 motor.
5-15 SECTION 14. Sections 31.043(a) and (c), Parks and Wildlife
5-16 Code, are amended to read as follows:
5-17 (a) All vessels <boats> manufactured for sale in Texas shall
5-18 carry a manufacturer's serial number clearly imprinted on the
5-19 structure of the vessel <boat> or displayed on a plate permanently
5-20 attached to the vessel <boat>.
5-21 (c) No person may wilfully destroy, remove, alter, cover, or
5-22 deface the manufacturer's serial number or plate bearing the serial
5-23 number or the serial number issued by the department. No person
5-24 may possess a vessel <boat> with a serial number that has been
5-25 altered, defaced, mutilated, or removed. A person who has a vessel
5-26 <boat> with an altered or missing serial number shall file a sworn
5-27 statement with the department describing the vessel <boat>, proving
5-28 legal ownership, and, if known, stating the reason for the
5-29 destruction, removal, or defacement of the serial number.
5-30 SECTION 15. The heading to Subchapter B-1, Chapter 31, Parks
5-31 and Wildlife Code, is amended to read as follows:
5-32 SUBCHAPTER B-1. CERTIFICATES OF TITLE FOR VESSELS <MOTORBOATS>
5-33 AND OUTBOARD MOTORS
5-34 SECTION 16. Sections 31.045 and 31.046, Parks and Wildlife
5-35 Code, are amended to read as follows:
5-36 Sec. 31.045. OWNERSHIP OF VESSELS <MOTORBOATS> AND OUTBOARD
5-37 MOTORS; CERTIFICATES OF TITLE. (a) The ownership of a vessel
5-38 <motorboat> or of an outboard motor is evidenced by a certificate
5-39 of title issued by the department, unless the vessel <motorboat> or
5-40 the outboard motor is new.
5-41 (b) The ownership of a new vessel <motorboat> or a new
5-42 outboard motor is evidenced by a manufacturer's or an importer's
5-43 certificate executed on a form prescribed by the department.
5-44 (c) <The ownership of a vessel, other than a motorboat more
5-45 than 14 feet long, or of an outboard motor, other than an outboard
5-46 motor having a manufacturer's rating of 12 or more horsepower, may,
5-47 but is not required to be, evidenced by a certificate of title
5-48 issued by the department, unless the vessel or outboard motor is
5-49 new.>
5-50 <(d) The ownership of a new vessel, other than a motorboat
5-51 more than 14 feet long, or of a new outboard motor, other than an
5-52 outboard motor having a manufacturer's rating of 12 or more
5-53 horsepower, may, but is not required to be, evidenced by a
5-54 manufacturer's or importer's certificate executed on a form
5-55 prescribed by the department.>
5-56 <(e)> Separate certificates are required for vessels
5-57 <motorboats> and for outboard motors.
5-58 (d) The ownership of a vessel exempted from numbering under
5-59 Section 31.022(c) of this code is not required to be evidenced by a
5-60 certificate of title issued by the department.
5-61 Sec. 31.046. þNApplication for Certificate of Titleää.
5-62 (a) Except as provided in Subsections (b) and (c) of this section,
5-63 the purchaser of a vessel <motorboat> or an outboard motor shall
5-64 apply to the department or to a county tax assessor-collector for a
5-65 certificate of title not later than 20 days after the date of the
5-66 sale of the vessel <motorboat> or outboard motor.
5-67 (b) A manufacturer or a dealer who sells a vessel
5-68 <motorboat> or an outboard motor to a person other than a
5-69 manufacturer or a dealer shall apply to the department or to a
5-70 county tax assessor-collector for a certificate of title for the
6-1 vessel <motorboat> or outboard motor in the name of the purchaser
6-2 not later than 20 days after the date of the sale.
6-3 (c) A dealer who acquires a vessel <motorboat> or an
6-4 outboard motor, other than a new vessel <motorboat> or outboard
6-5 motor, is not required to apply for a certificate of title in the
6-6 name of the dealer, but on resale of the vessel <motorboat> or
6-7 outboard motor shall apply for the subsequent purchaser under
6-8 Subsection (b) of this section and shall submit to the department
6-9 or to a county tax assessor-collector the endorsed certificate of
6-10 title acquired by the dealer.
6-11 (d) The department or county tax assessor-collector may not
6-12 issue a certificate of title unless the tax due on the vessel
6-13 <motorboat> or outboard motor under Chapter 160, Tax Code, is paid.
6-14 SECTION 17. Sections 31.047(b) and (f), Parks and Wildlife
6-15 Code, are amended to read as follows:
6-16 (b) The form must contain:
6-17 (1) the name and address of the owner;
6-18 (2) a description of the vessel <motorboat> or
6-19 outboard motor, including, as appropriate, the manufacturer, make,
6-20 model, year, length, construction material, manufacturer's or
6-21 builder's number, hull identification number (HIN), motor number,
6-22 outdrive number, and horsepower;
6-23 (3) name and address of purchaser;
6-24 (4) date of purchase;
6-25 (5) name and address of any security interest owner;
6-26 <and>
6-27 (6) the appropriate affidavit as required by Section
6-28 160.042, Tax Code; and
6-29 (7) other information required by the department to
6-30 show the ownership of the vessel <motorboat> or outboard motor, a
6-31 security interest in the vessel <motorboat> or outboard motor, or a
6-32 further description of items listed in the subdivision.
6-33 (f) An application for a certificate of title on a homemade
6-34 vessel <boat>, the origin of which is based on the affidavit of the
6-35 person building the vessel <boat>, proof of materials incorporated
6-36 into the vessel <boat>, and the like, must be accompanied by a
6-37 certificate from a peace officer, as defined in the Code of
6-38 Criminal Procedure, that the vessel <boat> has been inspected by
6-39 such officer and appears to be as applied for. The applicant shall
6-40 pay a fee of $25 to the employer of the peace officer for this
6-41 inspection.
6-42 SECTION 18. Section 31.048(b), Parks and Wildlife Code, is
6-43 amended to read as follows:
6-44 (b) If the fee is collected by a county tax
6-45 assessor-collector, the tax assessor-collector shall retain 10
6-46 percent of the fee collected and send the remainder to the
6-47 department. The amount retained by the tax assessor-collector
6-48 shall be deposited to the credit of the officers salary fund of the
6-49 county to be used for the sole purpose of paying the salaries of
6-50 persons issuing vessel <boat> and outboard motor certificates of
6-51 title.
6-52 SECTION 19. Sections 31.049(a), (b), (c), and (e), Parks and
6-53 Wildlife Code, are amended to read as follows:
6-54 (a) A certificate of title must be on a form prescribed by
6-55 the department and must contain:
6-56 (1) the name and address of the owner of the vessel
6-57 <motorboat> or outboard motor;
6-58 (2) the name of the owner of a security interest in
6-59 the vessel <motorboat> or outboard motor; and
6-60 (3) a description of the vessel <motorboat> or
6-61 outboard motor.
6-62 (b) If there is no lien on the vessel <motorboat> or
6-63 outboard motor, the original certificate of title shall be
6-64 delivered to the owner and a copy retained by the department.
6-65 (c) If there is a lien on the vessel <motorboat> or outboard
6-66 motor, the original certificate of title shall be sent to the first
6-67 lienholder, a duplicate original certificate shall be sent to the
6-68 owner, and a copy shall be retained by the department.
6-69 (e) Title may be transferred <only> by surrender of the
6-70 original certificate of title properly endorsed to show the
7-1 transfer, <or> by evidence of an involuntary transfer as defined in
7-2 Subdivision (5) of Subsection (a) of Section 31.053, or by
7-3 following the provisions of Subsection (c) of Section 31.053 of
7-4 this code <as amended>.
7-5 SECTION 20. Sections 31.050(a) and (c), Parks and Wildlife
7-6 Code, are amended to read as follows:
7-7 (a) A manufacturer's certificate or an importer's
7-8 certificate must include:
7-9 (1) a description of the vessel <motorboat> or
7-10 outboard motor as required by Subdivision (2) of Subsection (b) of
7-11 Section 31.047 of this code;
7-12 (2) the name and place of construction or other
7-13 origin;
7-14 (3) the signature of the manufacturer or an equivalent
7-15 of the signature of the manufacturer; and
7-16 (4) the endorsement of the original and each
7-17 subsequent transferee, including the applicant for the original
7-18 certificate of title.
7-19 (c) A security interest in a vessel <motorboat> or outboard
7-20 motor held as inventory by a person who is in the business of
7-21 selling or leasing goods of that kind may be perfected only by
7-22 complying with Chapter 9, Business & Commerce Code.
7-23 SECTION 21. Section 31.052(a), Parks and Wildlife Code, is
7-24 amended to read as follows:
7-25 (a) Except as provided in Subsection (c) of Section 31.050
7-26 of this code and except for statutory liens, security interests in
7-27 a vessel <motorboat> or outboard motor shall be noted on the
7-28 certificate of title of the vessel <motorboat> or outboard motor to
7-29 which the security interest applies.
7-30 SECTION 22. Section 31.053, Parks and Wildlife Code, is
7-31 amended to read as follows:
7-32 Sec. 31.053. Transfers of Vessels <Motorboats> and Outboard
7-33 Motors. (a) No person may sell, assign, transfer, or otherwise
7-34 dispose of an interest in a vessel <motorboat> or an outboard motor
7-35 without:
7-36 (1) if the transferee is not a manufacturer or a
7-37 dealer and the vessel or outboard motor is new, delivering to the
7-38 department a manufacturer's or importer's certificate showing the
7-39 endorsement of the manufacturer and all intervening owners;
7-40 (2) if the transferee is a manufacturer or a dealer
7-41 and the vessel or outboard motor is new, delivering to the
7-42 transferee a manufacturer's or importer's certificate showing the
7-43 endorsement of the manufacturer and all intervening owners;
7-44 (3) if the vessel <motorboat> or outboard motor is not
7-45 covered by a certificate of title or a manufacturer's or importer's
7-46 certificate and if the transferor is a manufacturer or dealer,
7-47 delivering to the department sufficient evidence of title or other
7-48 information to permit the issuance of a certificate of title for
7-49 the vessel <motorboat> or outboard motor in the name of the
7-50 transferee;
7-51 (4) if the vessel <motorboat> or outboard motor is not
7-52 covered by a certificate of title or a manufacturer's or importer's
7-53 certificate and if the transferor is not a manufacturer or dealer,
7-54 delivering to the transferee sufficient evidence of title or other
7-55 information to permit the transferee to apply for and receive a
7-56 certificate of title for the vessel <motorboat> or outboard motor
7-57 in the name of the transferee; or
7-58 (5) delivering to the transferee a certificate of
7-59 title for the vessel <motorboat> or outboard motor in the name of
7-60 the transferor and properly endorsed to show the transfer or
7-61 evidence of an involuntary transfer.
7-62 (b) For the purposes of Subsection (a)(5) of this section
7-63 <hereof> an involuntary transfer shall mean the transfer of
7-64 ownership pursuant to a contractual or statutory lien which confers
7-65 the power or right to the transfer. The evidence shall reflect the
7-66 proper exercise of the right conferred pursuant to the lien.
7-67 (c) The transferor shall provide the documents or evidence
7-68 required by Subsection (a) of this section to the department or the
7-69 transferee, as appropriate, in sufficient time to allow the
7-70 transferee to register and obtain a certificate of title for the
8-1 vessel or outboard motor not later than 20 days after the date of
8-2 the sale.
8-3 (d) <(b)> Notwithstanding the provisions of Subsection (a)
8-4 of this section <above>, a buyer of a new vessel <motorboat> or a
8-5 new outboard motor in the ordinary course of business as provided
8-6 in Section 9.307(a), <of the> Business & Commerce Code, takes the
8-7 interest free of security interests as provided in that section. A
8-8 buyer of a vessel <motorboat> or outboard motor that is not new
8-9 shall be governed by Subsection (a) of this section <above>.
8-10 (e) The transferee shall provide the department with
8-11 sufficient evidence of ownership for transfer of a vessel or
8-12 outboard motor if the transferee:
8-13 (1) failed to obtain the title from the transferor or
8-14 the title was lost, stolen, or mutilated before the transfer was
8-15 made; and
8-16 (2) has made reasonable efforts to contact the
8-17 transferor to obtain the required documentation.
8-18 SECTION 23. Section 31.055, Parks and Wildlife Code, is
8-19 amended to read as follows:
8-20 Sec. 31.055. Exceptions. This subchapter does not apply
8-21 to<:>
8-22 <(1)> vessels with a valid marine document issued by
8-23 the Bureau of Customs of the United States or a federal agency that
8-24 is a successor to the Bureau of Customs<;>
8-25 <(2) an outboard motor of less than 12 horsepower as
8-26 determined by the manufacturer's rating; and>
8-27 <(3) a motorboat 14 feet or less in length>.
8-28 SECTION 24. Section 47.007(d), Parks and Wildlife Code, is
8-29 amended to read as follows:
8-30 (d) An applicant for a commercial fish boat license must
8-31 submit to the department the vessel's United States Coast Guard
8-32 Certificate of Documentation or Texas' or other state's Certificate
8-33 of Number for a vessel or motorboat. The license issued by the
8-34 department must contain:
8-35 (1) the name of the boat; and
8-36 (2) the number appearing on the United States Coast
8-37 Guard Certificate of Documentation of Texas' or other state's
8-38 Certificate of Number.
8-39 SECTION 25. Section 77.036(a), Parks and Wildlife Code, is
8-40 amended to read as follows:
8-41 (a) An applicant for a commercial shrimp boat license issued
8-42 under this subchapter must submit to the department the boat's
8-43 United States Coast Guard certificate of documentation or the Texas
8-44 certificate of number for a vessel <motorboat>.
8-45 SECTION 26. Section 76.102(a), Parks and Wildlife Code, is
8-46 amended to read as follows:
8-47 (a) An applicant for an oyster boat license issued under
8-48 this subchapter must submit to the department the boat's United
8-49 States Coast Guard certificate of documentation or Texas' or other
8-50 state's certificate of number for a vessel or motorboat.
8-51 SECTION 27. Sections 31.027 and 31.054 and Chapter 32, Parks
8-52 and Wildlife Code, are repealed.
8-53 SECTION 28. To the extent that the changes in law made by
8-54 this Act impose a requirement on a person, vessel, or outboard
8-55 motor that did not previously apply to the person, vessel, or
8-56 motor, the person, vessel, or motor need not comply with the
8-57 requirement until January 1, 1994.
8-58 SECTION 29. This Act takes effect September 1, 1993.
8-59 SECTION 30. The importance of this legislation and the
8-60 crowded condition of the calendars in both houses create an
8-61 emergency and an imperative public necessity that the
8-62 constitutional rule requiring bills to be read on three several
8-63 days in each house be suspended, and this rule is hereby suspended.
8-64 * * * * *
8-65 Austin,
8-66 Texas
8-67 May 21, 1993
8-68 Hon. Bob Bullock
8-69 President of the Senate
8-70 Sir:
9-1 We, your Committee on Natural Resources to which was referred H.B.
9-2 No. 1970, have had the same under consideration, and I am
9-3 instructed to report it back to the Senate with the recommendation
9-4 that it do pass and be printed.
9-5 Sims,
9-6 Chairman
9-7 * * * * *
9-8 WITNESSES
9-9 FOR AGAINST ON
9-10 ___________________________________________________________________
9-11 FOR AGAINST ON
9-12 ___________________________________________________________________
9-13 Name: Jayna Burgdorf x
9-14 Representing: Tx Parks & Wildlife
9-15 City: Austin
9-16 -------------------------------------------------------------------
9-17 Name: Howard Kidwell x
9-18 Representing: Tx Parks & Wildlife
9-19 City: Austin
9-20 -------------------------------------------------------------------