HBA-NLM H.B. 3462 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3462
By: Alexander
State Recreational Resources
3/28/1999
Introduced



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. 

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.  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. 

(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. 

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.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 4.  Emergency clause.