82R9910 JAM-D

By: Harper-Brown H.B. No. 3297

A BILL TO BE ENTITLED

AN ACT

relating to the registration and titling of motorboats, vessels, and outboard motors by the Texas Department of Motor Vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.032(b), Parks and Wildlife Code, is amended to read as follows:

(b) The department shall deposit to the credit of the game, fish, and water safety account all revenue, less allowable costs, from the following sources:

(1) all types of fishing licenses and stamps and shrimping licenses, except as provided by Section 77.120;

(2) all types of hunting licenses and stamps;

(3) trapping licenses and other licenses relating to the taking, propagation, and sale of fur-bearing animals or their pelts;

(4) sale of marl, sand, gravel, shell, and mudshell;

(5) oyster bed rentals and permits;

(6) federal funds received for fish and wildlife research, management, development and conservation, resource protection, and law enforcement, unless the funds are received for the specific purposes of Subchapter F, Chapter 77 ;

(7) sale of property, less advertising costs, purchased from this account or a special fund or account that is now part of this account;

(8) fines and penalties collected for violations of a law pertaining to the protection and conservation of wild birds, wild fowl, wild animals, fish, shrimp, oysters, game birds and animals, fur-bearing animals, alligators, and any other wildlife resources of this state;

(9) sale of rough fish by the department;

(10) fees for importation permits;

(11) fees from supplying fish for or placing fish in water located on private property;

(12) sale of seized pelts;

(13) sale or lease of grazing rights to and the products from game preserves, sanctuaries, and management areas;

(14) contracts for the removal of fur-bearing animals and reptiles from wildlife management areas;

(15) [vessel registration fees;

[(16) vessel manufacturer or dealer licensing fees;

[(17)] fines or penalties imposed by a court for violation of water safety laws contained in Chapter 31 [of this code];

(16) [(18)] alligator hunter's or alligator buyer's licenses;

(17) [(19)] sale of alligators or any part of an alligator by the department;

(18) [(20)] fees and revenue collected under Section 11.027(b) or (c) of this code that are associated with the conservation of fish and wildlife; and

(19) [(21)] any other source provided by law[; and

[(22) vessel and outboard motor titling fees].

SECTION 2. Section 31.006, Parks and Wildlife Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Notwithstanding Section 11.001, in this section:

(1) "Commission" means the Texas Department of Motor Vehicles.

(2) "Department" means the Texas Department of Motor Vehicles.

(a-1) The department may authorize a dealer who holds a dealer's or manufacturer's number to act as the agent of the department under Subchapter B of this chapter and under Chapter 160, Tax Code, for the issuance of certificates of number and the collection of fees and taxes for boats sold by that dealer.

SECTION 3. The heading to Section 31.021, Parks and Wildlife Code, is amended to read as follows:

Sec. 31.021. DEFINITIONS; REQUIRED NUMBERING.

SECTION 4. Section 31.021, Parks and Wildlife Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Notwithstanding Section 11.001, in this subchapter:

(1) "Commission" means the Texas Department of Motor Vehicles.

(2) "Department" means the Texas Department of Motor Vehicles.

(a-1) Each vessel on the water of this state shall be numbered in accordance with the provisions of this chapter unless specifically exempted. The numbering system shall be in accord with the Federal Boating Act of 1958 and subsequent federal legislation.

SECTION 5. The heading to Section 31.045, Parks and Wildlife Code, is amended to read as follows:

Sec. 31.045. DEFINITIONS; OWNERSHIP OF VESSELS AND OUTBOARD MOTORS; CERTIFICATES OF TITLE.

SECTION 6. Section 31.045, Parks and Wildlife Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Notwithstanding Section 11.001, in this subchapter:

(1) "Commission" means the Texas Department of Motor Vehicles.

(2) "Department" means the Texas Department of Motor Vehicles.

(a-1) The ownership of a vessel or of an outboard motor is evidenced by a certificate of title issued by the department, unless the vessel or the outboard motor is new.

SECTION 7. Section 160.001(4), Tax Code, is amended to read as follows:

(4) "Department" means the Texas Department of Motor Vehicles [Parks and Wildlife Department].

SECTION 8. Section 11.032(c), Parks and Wildlife Code, is repealed.

SECTION 9. (a) Not later than January 1, 2012, the following are transferred from the Parks and Wildlife Department to the Texas Department of Motor Vehicles:

(1) the powers, duties, functions, programs, and activities of the Parks and Wildlife Department relating to the registration and titling of motorboats, vessels, and outboard motors and the licensing of manufacturers, dealers, and distributors under Section 31.006, Parks and Wildlife Code, and Subchapters B and B-1, Chapter 31, Parks and Wildlife Code, as amended by this Act;

(2) any obligations and contracts of the Parks and Wildlife Department that are directly related to implementing a power, duty, function, program, or activity transferred under this subsection; and

(3) all property and records in the custody of the Parks and Wildlife Department that are related to a power, duty, function, program, or activity transferred under this subsection and all funds appropriated by the legislature for that power, duty, function, program, or activity.

(b) The Parks and Wildlife Department and the Texas Department of Motor Vehicles may agree by memorandum of understanding to transfer to the Texas Department of Motor Vehicles any personnel of the Parks and Wildlife Department whose functions predominantly involve powers, duties, obligations, functions, and activities related to the registration and titling of motorboats, vessels, and outboard motors and the licensing of manufacturers, dealers, and distributors under Section 31.006, Parks and Wildlife Code, and Subchapters B and B-1, Chapter 31, Parks and Wildlife Code, as amended by this Act.

(c) A rule or form adopted by the Parks and Wildlife Department that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section is a rule or form of the Texas Department of Motor Vehicles and remains in effect until altered by the Texas Department of Motor Vehicles.

(d) A reference in law to the Parks and Wildlife Department that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section means the Texas Department of Motor Vehicles.

SECTION 10. The Parks and Wildlife Department and the Texas Department of Motor Vehicles shall enter into a memorandum of understanding that:

(1) identifies in detail the applicable powers and duties that are transferred by this Act; and

(2) establishes a plan for the identification and transfer of the records, personnel, property, and unspent appropriations of the Parks and Wildlife Department that are used for purposes of the Parks and Wildlife Department's powers and duties directly related to the registration and titling of motorboats, vessels, and outboard motors and the licensing of manufacturers, dealers, and distributors under Section 31.006, Parks and Wildlife Code, and Subchapters B and B-1, Chapter 31, Parks and Wildlife Code, as amended by this Act.

SECTION 11. This Act takes effect September 1, 2011.