HBA-NLM C.S.H.B. 3462 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3462 By: Alexander State Recreational Resources 4/8/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires specified vessels to carry a manufacturer's hull identification number (HIN), and authorizes the Parks and Wildlife Department (department) to issue a HIN to those vessel which are not required by law to carry one. Many outboard motor manufacturers place a serial number on each motor, although they are not required by law to do so. Tampering with a HIN or an outboard motor serial number is prohibited and an owner is required to file a sworn statement with the department proving legal ownership of a vessel if the vessel's HIN or outboard motor serial number has been tampered with. C.S.H.B. 3462 requires all vessels manufactured in Texas for sale and all vessels sold, numbered, or titled in Texas to carry a manufacturer's hull identification number and provides that no person may intentionally or knowingly destroy, remove, alter, cover, or deface an outboard motor serial number or hull serial number issued by the department. This bill does not apply these provision to vessels with a valid marine document issued by the United States Coast Guard's National Vessel Documentation Center or a federal agency that is a successor to the National Documentation Center In addition, this bill provides that a statement is required, and must be accompanied by a fee of $25 and a certificate from a game warden commissioned by the department, that the vessel or outboard motor has been inspected by the officer and appears to be as applied for. On receipt of the statement, the department is required to enter the information in its records and to issue to the applicant a hull identification number or outboard motor serial number. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.043, Parks and Wildlife Code, as follows: Sec. 31.043. MANUFACTURER'S IDENTIFICATION NUMBER. (a) Requires all vessels manufactured in Texas for sale and all vessels sold, numbered, or titled in Texas to carry a manufacturer's hull identification number in the manner provided by this subsection. Provides that this section does not apply to a vessel that is not required by the United States Coast Guard to have a hull identification number, except as required to comply with Section 31.024 (Application for Number) or 31.047 (Application; Form and Content; Fee). (b) Authorizes the owner of a vessel that does not have, rather than not required to carry, a manufacturer's hull identification number to file an application for a hull identification number with the Parks and Wildlife Department (department) on approved forms. Specifies the necessary contents of the application. Provides for a fee of $25 and a certificate from a game warden commissioned by the department stating that the vessel has been inspected by the officer and appears to be as applied for. Deletes the provision relating to a $2 fee or an amount set by the commission, whichever amount is more. (c) Provides that no person may intentionally or knowingly destroy, remove, alter, cover, or deface an outboard motor serial number or hull serial number issued by the department. (d) Provides that the statement required by this subsection, must be accompanied by a fee of $25 and a certificate from a game warden commissioned by the department that the vessel or outboard motor has been inspected by the officer and appears to be as applied for. Requires the department, on receipt of the statement in approved form, to enter the information on records of its office, and to issue to the applicant a hull identification number or outboard motor serial number. (e) Provides that this section does not apply to vessels with a valid marine document issued by the United States Coast Guard's National Vessel Documentation Center or a federal agency that is a successor to the National Vessel Documentation Center. SECTION 2. Amends Section 31.047(f), Parks and Wildlife Code, as follows: (f) Provides that an application for a certificate of title on a homemade vessel must be accompanied by a certificate from a game warden commissioned by the department, rather than a peace officer, as defined in the Code of Criminal Procedure, that the vessel has been inspected. Requires the applicant to pay a fee of $25 to the department, rather than the employer of the peace officer, for this inspection. SECTION 3. Amends Section 31.055, Parks and Wildlife Code, to make conforming changes. SECTION 4. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3462 modifies the original in the caption to clarify that this bill relates to the identification of vessels without identification numbers and outboard motors without serial numbers. C.S.H.B. 3462 modifies the original in SECTION 1 (Section 31.043, Parks and Wildlife Code) by providing that this section does not apply to a vessel that is not required by the United States Coast Guard to have a hull identification number, except as required to comply with Section 31.024 (Application for Number) or 31.047 (Application; Form and Content; Fee). This substitute modifies the original by adding a new Subsection (e) to provide that this section does not apply to vessels with a valid marine document issued by the United States Coast Guard's National Vessel Documentation Center or a federal agency that is a successor to the National Documentation Center. C.S.H.B. 3462 modifies the original by adding a new SECTION 3 (Section 31.055, Parks and Wildlife Code, to make conforming changes. Redesignates SECTIONS 3 and 4 (effective date, emergency clause) of the original to SECTIONS 4 and 5 in the substitute.