By: Seaman, Noriega (Senate Sponsor - Armbrister) H.B. No. 883
(In the Senate - Received from the House April 22, 2005;
April 25, 2005, read first time and referred to Committee on
Natural Resources; May 4, 2005, reported favorably by the
following vote: Yeas 9, Nays 0; May 4, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of abandoned watercraft and the
construction of, and donation of materials for, artificial reefs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 89, Parks and Wildlife
Code, is amended by adding Sections 89.0025 and 89.006 to read as
follows:
Sec. 89.0025. RULES. The commission may adopt rules and
guidelines as necessary to implement this chapter.
Sec. 89.006. REEF CONSTRUCTION BY OTHERS. The department
may authorize a person to place a donation of reef materials in a
permitted zone in accordance with this chapter and commission rules
and guidelines.
SECTION 2. Section 683.014, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) If an abandoned motor vehicle, watercraft, or outboard
motor is not claimed under Section 683.012:
(1) the owner or lienholder:
(A) waives all rights and interests in the item;
and
(B) consents to the sale of the item by public
auction or the transfer of the item, if a watercraft, as provided by
Subsection (d); and
(2) the law enforcement agency may sell the item at a
public auction, transfer the item, if a watercraft, as provided by
Subsection (d), or use the item as provided by Section 683.016.
(d) On consent of the Parks and Wildlife Department, the law
enforcement agency may transfer a watercraft that is not claimed
under Section 683.012 to the Parks and Wildlife Department for use
as part of an artificial reef under Chapter 89, Parks and Wildlife
Code, or for other use by the Parks and Wildlife Department
permitted under the Parks and Wildlife Code. On transfer of the
watercraft, the Parks and Wildlife Department:
(1) takes title free and clear of all liens and claims
of ownership; and
(2) is entitled to register the watercraft and receive
a certificate of title.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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