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  -------------------------------------------------------------------