1-1 By: Alexander (Senate Sponsor - Armbrister) H.B. No. 3462
1-2 (In the Senate - Received from the House April 30, 1999;
1-3 May 3, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 1; May 12, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the identification of vessels without identification
1-9 numbers and outboard motors without serial numbers.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 31.043, Parks and Wildlife Code, is
1-12 amended to read as follows:
1-13 Sec. 31.043. MANUFACTURER'S IDENTIFICATION NUMBER. (a) All
1-14 vessels manufactured in Texas for sale and all vessels sold,
1-15 numbered, or titled in Texas shall carry a manufacturer's hull
1-16 identification number clearly imprinted on the structure of the
1-17 vessel or displayed on a plate permanently attached to the vessel.
1-18 Except as required to comply with Section 31.024 or 31.047, this
1-19 subsection does not apply to a vessel that is not required by the
1-20 United States Coast Guard to have a hull identification number.
1-21 (b) The owner of a vessel that does not have [not required
1-22 to carry] a manufacturer's hull identification number may file an
1-23 application for a hull identification number with the department on
1-24 forms approved by it. The application must include a sworn
1-25 statement describing the vessel, proving legal ownership, and, if
1-26 known, stating the reason for the lack of hull identification
1-27 number. The application must be signed by the owner of the vessel
1-28 and must be accompanied by a fee of $25 and a certificate from a
1-29 game warden commissioned by the department stating that the vessel
1-30 has been inspected by the officer and appears to be as applied for
1-31 [$2 or an amount set by the commission, whichever amount is more].
1-32 On receipt of the application in approved form, the department
1-33 shall enter the information on the records of its office and shall
1-34 issue to the applicant a hull identification number.
1-35 (c) No person may intentionally or knowingly destroy,
1-36 remove, alter, cover, or deface an outboard motor serial number,
1-37 the manufacturer's hull identification number or plate bearing the
1-38 hull identification number, or the hull identification number or
1-39 serial number issued by the department. No person may possess a
1-40 vessel with a hull identification number or an outboard motor with
1-41 a serial number that has been altered, defaced, mutilated, or
1-42 removed.
1-43 (d) A person who has a vessel with an altered, defaced,
1-44 mutilated, or removed hull identification number or an outboard
1-45 motor with an altered, defaced, mutilated, or removed serial
1-46 number shall file a sworn statement with the department describing
1-47 the vessel or outboard motor, proving legal ownership, and, if
1-48 known, stating the reason for the destruction, removal, or
1-49 defacement of the number. The statement must be accompanied by a
1-50 fee of $25 and a certificate from a game warden commissioned by the
1-51 department that the vessel or outboard motor has been inspected by
1-52 the officer and appears to be as applied for. On receipt of the
1-53 statement in approved form, the department shall enter the
1-54 information on records of its office and shall issue to the
1-55 applicant a hull identification number or outboard motor serial
1-56 number.
1-57 (e) This section does not apply to vessels with a valid
1-58 marine document issued by the United States Coast Guard's National
1-59 Vessel Documentation Center or a federal agency that is a successor
1-60 to the National Vessel Documentation Center.
1-61 SECTION 2. Section 31.047(f), Parks and Wildlife Code, is
1-62 amended to read as follows:
1-63 (f) An application for a certificate of title on a homemade
1-64 vessel, the origin of which is based on the affidavit of the person
2-1 building the vessel, proof of materials incorporated into the
2-2 vessel, and the like, must be accompanied by a certificate from a
2-3 game warden commissioned by the department [peace officer, as
2-4 defined in the Code of Criminal Procedure,] that the vessel has
2-5 been inspected by such officer and appears to be as applied for.
2-6 The applicant shall pay a fee of $25 to the department [employer of
2-7 the peace officer] for this inspection.
2-8 SECTION 3. Section 31.055, Parks and Wildlife Code, is
2-9 amended to read as follows:
2-10 Sec. 31.055. EXCEPTIONS. This subchapter does not apply to
2-11 vessels with a valid marine document issued by the United States
2-12 Coast Guard's National Vessel Documentation Center [Bureau of
2-13 Customs of the United States] or a federal agency that is a
2-14 successor to the National Vessel Documentation Center [Bureau of
2-15 Customs].
2-16 SECTION 4. (a) This Act takes effect September 1, 1999.
2-17 (b) The changes in law made by this Act apply only to an
2-18 application for an identification or serial number or a title that
2-19 is filed with the Parks and Wildlife Department on or after
2-20 September 1, 1999.
2-21 SECTION 5. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
2-26 * * * * *