By Alexander H.B. No. 3462
76R2648 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the identification of vessels and outboard motors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.043, Parks and Wildlife Code, is
1-5 amended to read as follows:
1-6 Sec. 31.043. MANUFACTURER'S IDENTIFICATION NUMBER. (a) All
1-7 vessels manufactured in Texas for sale and all vessels sold,
1-8 numbered, or titled in Texas shall carry a manufacturer's hull
1-9 identification number clearly imprinted on the structure of the
1-10 vessel or displayed on a plate permanently attached to the vessel.
1-11 (b) The owner of a vessel that does not have [not required
1-12 to carry] a manufacturer's hull identification number may file an
1-13 application for a hull identification number with the department
1-14 on forms approved by it. The application must include a sworn
1-15 statement describing the vessel, proving legal ownership, and, if
1-16 known, stating the reason for the lack of hull identification
1-17 number. The application must be signed by the owner of the vessel
1-18 and must be accompanied by a fee of $25 and a certificate from a
1-19 game warden commissioned by the department stating that the vessel
1-20 has been inspected by the officer and appears to be as applied for
1-21 [$2 or an amount set by the commission, whichever amount is more].
1-22 On receipt of the application in approved form, the department
1-23 shall enter the information on the records of its office and shall
1-24 issue to the applicant a hull identification number.
2-1 (c) No person may intentionally or knowingly destroy,
2-2 remove, alter, cover, or deface an outboard motor serial number,
2-3 the manufacturer's hull identification number or plate bearing the
2-4 hull identification number, or the hull identification number or
2-5 serial number issued by the department. No person may possess a
2-6 vessel with a hull identification number or an outboard motor with
2-7 a serial number that has been altered, defaced, mutilated, or
2-8 removed.
2-9 (d) A person who has a vessel with an altered, defaced,
2-10 mutilated, or removed hull identification number or an outboard
2-11 motor with an altered, defaced, mutilated, or removed serial
2-12 number shall file a sworn statement with the department describing
2-13 the vessel or outboard motor, proving legal ownership, and, if
2-14 known, stating the reason for the destruction, removal, or
2-15 defacement of the number. The statement must be accompanied by a
2-16 fee of $25 and a certificate from a game warden commissioned by the
2-17 department that the vessel or outboard motor has been inspected by
2-18 the officer and appears to be as applied for. On receipt of the
2-19 statement in approved form, the department shall enter the
2-20 information on records of its office and shall issue to the
2-21 applicant a hull identification number or outboard motor serial
2-22 number.
2-23 SECTION 2. Section 31.047(f), Parks and Wildlife Code, is
2-24 amended to read as follows:
2-25 (f) An application for a certificate of title on a homemade
2-26 vessel, the origin of which is based on the affidavit of the person
2-27 building the vessel, proof of materials incorporated into the
3-1 vessel, and the like, must be accompanied by a certificate from a
3-2 game warden commissioned by the department [peace officer, as
3-3 defined in the Code of Criminal Procedure,] that the vessel has
3-4 been inspected by such officer and appears to be as applied for.
3-5 The applicant shall pay a fee of $25 to the department [employer
3-6 of the peace officer] for this inspection.
3-7 SECTION 3. (a) This Act takes effect September 1, 1999.
3-8 (b) The changes in law made by this Act apply only to an
3-9 application for an identification or serial number or a title that
3-10 is filed with the Parks and Wildlife Department on or after
3-11 September 1, 1999.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.