CHAPTER 31. WATER SAFETY
PARKS AND WILDLIFE CODE
TITLE 4. WATER SAFETY
CHAPTER 31. WATER SAFETY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 31.001. TITLE. This chapter may be cited as the Water
Safety Act.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.002. STATE POLICY. It is the duty of this state to
promote recreational water safety for persons and property in and
connected with the use of all recreational water facilities in
the state, to promote safety in the operation and equipment of
facilities, and to promote uniformity of laws relating to water
safety.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.003. DEFINITIONS. In this chapter:
(1) "Boat" means a vessel not more than 65 feet in length,
measured from end to end over the deck, excluding sheer.
(2) "Vessel" means any watercraft, other than a seaplane on
water, used or capable of being used for transportation on water.
(3) "Motorboat" means any vessel propelled or designed to be
propelled by machinery, whether or not the machinery is
permanently or temporarily affixed or is the principal source of
propulsion.
(4) "Owner" means the person who rightfully claims lawful
possession of a vessel by virtue of the legal title or an
equitable interest.
(5) "Water of this state" means any public water within the
territorial limits of this state.
(6) "Operate" means to navigate or otherwise use a motorboat or
a vessel.
(7) "Dealer" means a person engaged in the business of buying,
selling, selling on consignment, displaying for sale, or
exchanging at least five vessels, motorboats, or outboard motors
during a calendar year.
(8) "Vessel livery" means a business establishment engaged in
renting or hiring out vessels for profit.
(9) Repealed by Acts 1997, 75th Leg., ch. 1363, Sec. 12, eff.
Sept. 1, 1997.
(10) "Reasonable time" means 15 days.
(11) "Manufacturer" means a person engaged in the business of
manufacturing new and unused vessels and outboard motors for the
purpose of sale or trade.
(12) "New" means every vessel or outboard motor after its
manufacture and before its sale or other transfer to a person not
a manufacturer or dealer.
(13) "Outboard motor" means any self-contained internal
combustion propulsion system, excluding fuel supply, which is
used to propel a vessel and which is detachable as a unit from
the vessel.
(14) "Personal watercraft" means a type of motorboat that is
specifically designed to be operated by a person or persons
sitting, standing, or kneeling on the vessel rather than in the
conventional manner of sitting or standing inside the vessel.
(15) "Authorized agent" means a dealer who is authorized by the
department under Section 31.006 of this code to collect taxes and
fees and issue certificates of number.
(16) "Distributor" means a person who offers for sale, sells, or
processes for distribution new boats or outboard motors to
dealers in this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 1252, ch. 484, Sec.
1(a), (b), eff. Sept. 1, 1977; Acts 1989, 71st Leg., ch. 571,
Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 718, Sec.
1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 450, Sec. 1,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 739, Sec. 1, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, Sec. 26.01, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, Sec. 21, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1363, Sec. 1, eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 200, Sec. 8(a), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
108, Sec. 1, eff. September 1, 2005.
Sec. 31.004. APPLICATION OF CHAPTER. The provisions of this
chapter apply to all public water of this state and to all
vessels on public water. Privately owned water is not subject to
the provisions of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 22, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1363, Sec. 2, eff. Sept.
1, 1997.
Sec. 31.005. CONTRACTS WITH FEDERAL GOVERNMENT. (a) The
department may apply to any appropriate agency or officer of the
United States for participation in or the receipt of aid from any
federal program relating to water safety, including:
(1) the acquisition, maintenance, and operating costs of
facilities;
(2) purchase of equipment and supplies;
(3) personnel salaries; and
(4) other federally approved reimbursable expenses, including
personnel training costs, public boat safety and education costs,
and general administrative and enforcement costs.
(b) The department may contract with the United States in order
to comply with all necessary requirements for the receipt of
funds made available under any federal legislation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.006. APPOINTMENT OF AUTHORIZED AGENT. (a) 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.
(b) An authorized agent must follow the rules of the commission
and the rules of the comptroller.
(c) An authorized agent shall send the applications required by
Sections 31.024 and 31.047 of this code, the fees required by
Sections 31.026 and 31.048 of this code, and the tax paid under
Chapter 160, Tax Code, to the department not later than 20 days
after the date a certificate of number is issued and a fee or tax
collected.
(d) An authorized agent shall execute a surety bond in an amount
set by the department to insure against loss to the department of
fees and taxes. The bond shall be in favor of the department.
(e) The department may cancel the authorization of an agent on
30 days' written notice of the agent's violation of this chapter,
a department rule adopted under this chapter, Chapter 160, Tax
Code, or a rule adopted by the comptroller under that chapter.
(f) The commission may adopt rules for the creation of a program
for the continuing identification and classification of
participants in the vessel and outboard motor industries doing
business in this state. The commission may set fees to administer
this subsection. The department shall use information from the
program to appoint agents under this section or for any other
purpose required by the commission's rules or this chapter.
Added by Acts 1993, 73rd Leg., ch. 718, Sec. 2, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 35, eff.
Sept. 1, 2001.
SUBCHAPTER B. IDENTIFICATION OF VESSELS; REQUIRED NUMBERING
Sec. 31.021. REQUIRED NUMBERING. (a) 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.
(b) No person may operate or give permission for the operation
of any vessel or may dock, moor, or store a vessel owned by the
person on the water of this state unless:
(1) the vessel is numbered as required by this chapter;
(2) the certificate of number awarded to the vessel is in full
force and effect; and
(3) the identifying number set forth in the certificate is
properly displayed on each side of the bow of the vessel as
required by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 3, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 23, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1363, Sec. 3, eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 200, Sec. 8(c), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, Sec. 3, eff. Sept. 1, 2003.
Sec. 31.022. EXEMPTIONS FROM REQUIRED NUMBERING. (a) A vessel
is not required to be numbered under the provisions of this
chapter if it is:
(1) operated within this state for a period not exceeding 90
consecutive days and is covered by a number in full force and
effect which has been awarded under federal law or a federally
approved numbering system of another state;
(2) from a country other than the United States temporarily
using the water of this state;
(3) owned by the United States, a state, or a subdivision of a
state; or
(4) a ship's lifeboat.
(b) The department may exempt from numbering a class of vessels
if it finds that the numbering of the vessels of that class will
not materially aid in their identification. The department may
also exempt a vessel if it finds that it belongs to a class of
vessels that would be exempt from numbering under a numbering
system of an agency of the federal government if it were subject
to federal law.
(c) All canoes, kayaks, punts, rowboats, rubber rafts, or other
vessels under 14 feet in length when paddled, poled, oared, or
windblown are exempt from the numbering provisions of this
chapter.
(d) A vessel in use at a water ski tournament, competition, or
exhibition sanctioned in writing by the governing board of the
governmental entity that has jurisdiction over the body of water
on which the tournament, competition, or exhibition occurs is
exempt from the numbering provisions of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 543, Sec. 1, eff. June
14, 1989; Acts 1993, 73rd Leg., ch. 450, Sec. 4, eff. Sept. 1,
1993.
Sec. 31.023. VESSELS NUMBERED UNDER FEDERAL OR OTHER STATE LAW.
The owner of any vessel for which a current certificate of number
has been awarded under any federal law or a federally approved
numbering system of another state shall, if the vessel is
operated on the water of this state in excess of 90 consecutive
days, make application for a certificate of number in the manner
prescribed in this chapter for residents of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 5, eff.
Sept. 1, 1993.
Sec. 31.024. APPLICATION FOR NUMBER. (a) The owner of each
vessel requiring numbering by this state shall file an
application for a number with the department, an authorized
agent, or a county tax assessor-collector.
(b) The application shall be signed by the owner of the vessel
and shall be accompanied by the fee prescribed in Section 31.026
of this code. If the application is received by a county tax
assessor-collector, the application and the portion of the fee
not retained by the tax assessor-collector as a collection fee
shall be sent to the department. If the application is received
by an authorized agent, the application and the fee shall be sent
to the department as required by Section 31.006 of this code.
(c) On receipt of the application in approved form, the
department shall enter it on the records of its office and issue
to the applicant a certificate of number stating the number
awarded to the vessel and the name and address of the owner.
(d) The application form, the form of the certificate of number,
and the manner of renewal shall be prescribed by the department.
(e) The department, an authorized agent, or a county tax
assessor-collector may not issue a certificate of number unless
the tax due on the vessel under Chapter 160, Tax Code, is paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 1352, ch. 607, Sec. 1,
eff. Aug. 27, 1979; Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec.
7.04, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 450, Sec. 6,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 718, Sec. 3, eff.
Sept. 1, 1993.
Sec. 31.025. RENEWAL OF CERTIFICATES OF NUMBER. (a) An
application for the renewal of each certificate of number shall
be prepared by the department and mailed to the owner of the
vessel during the period of the last 90 days before the
expiration date of the certificate. The same number shall be
issued on renewal.
(b) The application for renewal may be returned to the
department, to any county tax assessor-collector, or if permitted
by the department, to an agent of the department.
(c) Applications not received during the 90-day period shall be
treated in the same manner as original applications.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 1353, ch. 607, Sec. 2,
eff. Aug. 27, 1979.
Sec. 31.026. FEES. (a) Each application for an original or
renewal certificate of number for a vessel shall be accompanied
by a two-year fee determined by the following classification
schedule or determined in the same classifications by the
commission, whichever amount is more:
Class
Description of Vessel
Fee
Class A
less than 16 feet in length
$12
Class 1
16 feet or over and less than 26 feet in length
$18
Class 2
26 feet or over and less than 40 feet in length
$24
Class 3
40 feet or more in length
$30
(b) The fee for a vessel less than 16 feet in length owned by a
vessel livery and used for rental purposes is $6 for each
original and renewal application for a certificate of number or
an amount set by the commission, whichever amount is more.
(c) Owners of newly purchased vessels or other vessels not
previously operated in this state shall pay the full registration
fee.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1326, ch. 277, Sec. 1,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, Sec. 7,
eff. Sept. 1, 1993.
Sec. 31.028. CERTIFICATE OF NUMBER. The certificate of number
shall be pocket-size. The certificate or a facsimile of it shall
be carried on board the vessel at all times. It does not have to
be on the person of the operator if prior to trial the operator
can produce for examination a valid certificate of number.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.029. TERM OF CERTIFICATE OF NUMBER. Every certificate
of number awarded pursuant to this chapter shall continue in full
force and effect for a period of two years unless sooner
terminated or discontinued in accordance with the provisions of
this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.030. DUPLICATE CERTIFICATES AND DECALS. (a) If a
certificate of number becomes lost, mutilated, or illegible, the
owner of the vessel for which the certificate was issued may
obtain a duplicate on application to the department and the
payment of a fee of $2 or an amount set by the commission,
whichever amount is more.
(b) If a registration decal becomes lost, mutilated, or
illegible, the owner of the vessel for which the decal was issued
may obtain a replacement decal on application to the department
and the payment of a fee of $2 or an amount set by the
commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 1275, ch. 497, Sec. 1,
eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 1327, ch. 277, Sec.
2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 2, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, Sec.
7, eff. Sept. 1, 1993.
Sec. 31.031. NUMBERING PATTERN. (a) The numbering pattern used
consists of the prefix "TX" followed by a combination of exactly
four numerals and further followed by a suffix of two letters.
The group of numerals appearing between the letters shall be
separated from the letters by hyphens or equivalent spaces.
(b) All basic numbers of each series shall begin with 1000.
TX-1000-AA through TX-9999-AA will be allotted to dealers and
manufacturers. TX-1000-AB through TX-9999-ZZ will be allotted to
all other vessel owners and livery operators.
(c) The letters "G", "I", "O", and "Q" shall be omitted from all
letter sequences.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 8, eff.
Sept. 1, 1993.
Sec. 31.032. NUMBERING ON BOW. (a) The owner of a vessel shall
paint on or attach to each side of the vessel near the bow the
identification number and a validation decal in the manner
prescribed by the department. The number shall read from left to
right and shall be of block characters of good proportion of not
less than three inches in height. The numbers shall be of a color
which will contrast with the hull material of the vessel and so
maintained as to be clearly visible and legible.
(b) The owner of a vessel required to be numbered under this
subchapter and documented by the United States Coast Guard is not
required to attach an identification number as required by
Subsection (a).
(c) The commission shall adopt rules for the placement of the
validation decal in an alternate location for antique boats. In
this subsection, "antique boat" means a boat that:
(1) is used primarily for recreational purposes; and
(2) was manufactured 35 or more years before the date the
validation decal is issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 9, eff.
Sept. 1, 1993; Acts 2003, 78th Leg., ch. 200, Sec. 8(d), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, Sec. 4, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
193, Sec. 1, eff. September 1, 2005.
Sec. 31.033. UNAUTHORIZED NUMBERS PROHIBITED. (a) No person
may paint, attach, or otherwise display on either side of the bow
of a vessel a number other than the number awarded to the vessel
or granted reciprocity under this chapter.
(b) No person may deface or alter the certificate of number or
the number assigned to and appearing on the bow of a vessel.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 9, eff.
Sept. 1, 1993.
Sec. 31.034. ISSUANCE OF NUMBERS BY DEPARTMENT OR AUTHORIZED
AGENT. (a) The department may award a certificate of number.
(b) A certificate of number issued and delivered by an
authorized agent in conformity with this chapter and the rules of
the commission adopted under this chapter is valid as if awarded
by the department directly.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec.
7.05, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 718, Sec. 4,
eff. Sept. 1, 1993.
Sec. 31.0341. ISSUANCE OF NUMBERS: COUNTY TAX
ASSESSOR-COLLECTOR. (a) Each county tax assessor-collector
shall award certificates of number under this chapter in the
manner prescribed by this chapter and the regulations of the
department. The department shall issue a block or blocks of
numbers to each county tax assessor-collector for awarding to
applicants on receipt of applications.
(b) The county tax assessor-collector is entitled to a fee of 10
percent of the amount of the fee for each certificate. The amount
retained by the tax assessor-collector shall be deposited to the
credit of the officers salary fund of the county to be used for
the sole purpose of paying the salaries of persons issuing vessel
certificates of number.
Added by Acts 1979, 66th Leg., p. 1353, ch. 607, Sec. 3, eff.
Aug. 27, 1979. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 10,
eff. Sept. 1, 1993.
Sec. 31.035. RULES AND REGULATIONS; COPIES. Copies of all rules
and regulations formulated under this chapter shall be furnished
without cost with each certificate of number issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.036. PROOF OF OWNERSHIP. (a) A certificate of title is
required as proof of ownership of a vessel for which a
certificate of number is sought.
(b) A certified statement of ownership is sufficient proof of
ownership for a vessel of a type for which a certificate of title
is not required.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec.
1(c), eff. Sept. 1, 1977; Acts 1993, 73rd Leg., ch. 450, Sec. 11,
eff. Sept. 1, 1993.
Sec. 31.037. CHANGE IN OWNERSHIP INTEREST; NOTICE TO DEPARTMENT.
(a) The owner of a vessel numbered in this state shall notify
the department within a reasonable time of the transfer of all or
any part of his interest in the vessel, other than the creation
of a security interest, or of the destruction or abandonment of
the vessel. The notice shall be accompanied by a surrender of the
certificate of number.
(b) If the vessel is destroyed or abandoned, the department
shall cancel the certificate and enter the cancellation in its
records.
(c) The purchaser of a vessel shall present evidence of his
ownership to the department within a reasonable time along with
his name, address, and the number of the vessel and shall at the
same time pay to the department a fee of $2 or an amount set by
the commission, whichever amount is more. On receipt of the
application and fee the department shall transfer the certificate
of number issued for the vessel to the new owner. Unless the
application is made and fee paid within a reasonable time the
vessel is without a certificate of number, and it is unlawful for
any person to operate the vessel until the certificate is issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1327, ch. 277, Sec. 3,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
3, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, Sec. 11,
eff. Sept. 1, 1993.
Sec. 31.038. CHANGE OF ADDRESS; NOTICE TO DEPARTMENT. (a) The
holder of a certificate of number shall notify the department
within a reasonable time if his address no longer conforms to the
address appearing on the certificate and shall inform the
department of his new address.
(b) The department may provide in its regulations for the
surrender of the certificate bearing the former address and its
replacement with a certificate bearing the new address or for the
alteration of the outstanding certificate to show the new address
of the holder. Changes of address shall be noted on the records
of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.039. PUBLIC RECORDS; FEES. (a) All ownership records
of the department made or kept under this chapter are public
records.
(b) The commission may by rule charge a fee for access to
ownership records and other records made or kept under this
chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 8(e), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, Sec. 5, eff. Sept.
1, 2003.
Sec. 31.0391. RELEASE OF INFORMATION. (a) The department or a
county may not release the name or address of a person recorded
in the department vessel and outboard motor ownership records
unless the department or county receives a written request that:
(1) contains the requestor's name and address; and
(2) states that the use of the information is for a lawful
purpose.
(b) This section does not apply to the release of information
to:
(1) a peace officer as defined by Article 2.12, Code of Criminal
Procedure, who is acting in an official capacity; or
(2) a state official or an official of a political subdivision
of this state who requests the information for tax purposes.
Added by Acts 1995, 74th Leg., ch. 845, Sec. 1, eff. Sept. 1,
1995.
Sec. 31.040. VESSEL LIVERIES. (a) The owner or operator of a
vessel livery shall obtain a certificate of number for all
vessels being used as motorboats to rent or let for hire.
(b) To receive certificates of number, the owner of a vessel
livery shall apply directly to the department on application
forms provided by the department. The application must state that
the applicant is a vessel livery within the meaning of this
chapter, and the facts stated in the application must be sworn
before an officer authorized to administer oaths.
(c) The owner of a vessel livery shall keep a record of the name
and address of the persons hiring any vessel operated as a
motorboat, the vessel's certificate of number, the time and date
of departure, and the expected time of return. The record shall
be kept for six months.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 11, eff.
Sept. 1, 1993.
Sec. 31.041. DEALER'S, DISTRIBUTOR'S, AND MANUFACTURER'S
LICENSE. (a) A person may not engage in business in this state
as a dealer, distributor, or manufacturer unless the person holds
a license issued under this section and enters into a license
agreement with the department. A dealer must have a license for
each place of business owned and operated by the person.
(b) The commission shall establish the form and manner for
display of a license issued under this section.
(c) The department shall issue a dealer, distributor, or
manufacturer number to each dealer, distributor, or manufacturer
licensed under this section in the manner provided by Section
31.031(b).
(d) A dealer, distributor, or manufacturer of vessels in this
state may use the dealer's, distributor's, or manufacturer's
number for vessels the dealer, distributor, or manufacturer
wishes to show, demonstrate, or test on the water of this state
instead of securing a certificate of number for each vessel. The
number shall be attached to any vessel that the dealer,
distributor, or manufacturer sends temporarily on the water. For
purposes of this subsection, "show, demonstrate, or test" does
not include the use of a vessel for recreational purposes or for
participation in a contest or event. The commission, however,
may establish rules concerning the issuance and price of
validation cards permitting the limited and temporary use of
vessels for recreational purposes or participation in contests or
events. Any fees collected by the department under this
subsection shall be deposited in the game, fish, and water safety
account established under Section 11.032.
(e) The application for a license under this section must state
that the applicant is a dealer, distributor, or manufacturer
within the meaning of this chapter, and the facts stated on the
application must be sworn before an officer authorized to
administer oaths. An application submitted by a dealer must be
accompanied by photographs of the business sufficient to show any
sign the business is required to display and the extent of the
space the business is required to maintain. The application must
also be accompanied by a copy of the tax permit of the dealer,
distributor, or manufacturer issued by the comptroller under
Chapter 151, Tax Code, if the dealer, distributor, or
manufacturer has a tax permit. The two-year fee for a dealer's,
distributor's, or manufacturer's number is $500. A license may
not be issued until the provisions of this section have been
satisfied.
(f) A dealer, distributor, or manufacturer holding a dealer's,
distributor's, or manufacturer's license may issue a reasonable
temporary facsimile of the number issued under Subsection (c),
which may be used by any authorized person. A person purchasing a
vessel may use the dealer's number for a period not to exceed 15
days prior to filing an application for a certificate of number.
The form of the facsimile and the manner of display of the number
shall be prescribed by the department.
(g) A dealer, distributor, or manufacturer holding a dealer's,
distributor's, or manufacturer's license may transfer a
certificate of number or a certificate of title to a vessel or
outboard motor without securing a certificate of number or
certificate of title in the dealer's, distributor's, or
manufacturer's name if the vessel or outboard motor is sold in
the normal course of the dealer's, distributor's, or
manufacturer's business.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1328, ch. 277, Sec. 4,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
4, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, Sec. 12,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 587, Sec. 36, eff.
Oct. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 13.01, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 200, Sec. 8(f), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, Sec. 6, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
108, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
776, Sec. 1, eff. September 1, 2007.
Sec. 31.0411. TERM OF LICENSE; TRANSFER. (a) Except as
provided by Subsection (b), a license issued under Section
31.041:
(1) is valid for two years from the date of issuance; and
(2) may not be transferred to another person.
(b) A license issued under Section 31.041 in the name of a
business remains valid for the business location specified on the
license if a change of ownership or business name occurs.
(c) A license issued under Section 31.041 may be transferred to
a new address if:
(1) a business moves to another location; and
(2) a change of ownership has not occurred.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 8(g), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, Sec. 7, eff. Sept. 1, 2003.
Sec. 31.0412. LICENSING RULES. The commission may adopt rules
regarding licenses issued under Section 31.041, including rules:
(1) regarding license transfer procedures;
(2) prescribing application and license agreement forms;
(3) regarding application and renewal procedures;
(4) prescribing reporting and recordkeeping requirements for
license holders;
(5) setting fees to be charged for:
(A) a transferred license; or
(B) a replacement license;
(6) prescribing license requirements; and
(7) establishing license revocation and suspension procedures.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 8(g), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
108, Sec. 3, eff. September 1, 2005.
Sec. 31.0413. EXEMPTION FROM DEALER LICENSING REQUIREMENTS. The
dealer licensing provisions of this subchapter do not apply to
the sale of a canoe, kayak, punt, rowboat, rubber raft,
paddleboat, or other vessel that is less than 12 feet in length
and has a horsepower rating of five horsepower or less or to the
sale of an outboard motor with a manufacturer's rating of five
horsepower or less.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 8(g), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, Sec. 7, eff. Sept. 1, 2003.
Sec. 31.042. CANCELLATION OF CERTIFICATES OF NUMBER; GROUNDS.
(a) A certificate of number may be cancelled and the
identification number voided by the department even though the
action occurs before the expiration date on the certificate and
even though the certificate is not surrendered to the department.
(b) Causes for cancellation of certificates and voiding of
numbers include:
(1) surrender of the certificate for cancellation;
(2) issuance of a new number for the same vessel;
(3) false or fraudulent certification in an application for
number;
(4) failure to pay the prescribed fee; and
(5) dismantling, destruction, or other change in the form or
character of the vessel or outboard motor so that it is no longer
correctly described in the certificate or it no longer meets the
definition of a vessel or outboard motor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec.
1(d), eff. Sept. 1, 1977; Acts 1993, 73rd Leg., ch. 450, Sec. 13,
eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 200, Sec. 8(h),
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, Sec. 8, eff.
Sept. 1, 2003.
Sec. 31.043. MANUFACTURER'S IDENTIFICATION NUMBER. (a) All
vessels manufactured in Texas for sale and all vessels sold,
numbered, or titled in Texas shall carry a manufacturer's hull
identification number clearly imprinted on the structure of the
vessel or displayed on a plate permanently attached to the
vessel. Except as required to comply with Section 31.024 or
31.047, this subsection does not apply to a vessel that is not
required by the United States Coast Guard to have a hull
identification number.
(b) The owner of a vessel that does not have a manufacturer's
hull identification number may file an application for a hull
identification number with the department on forms approved by
it. The application must include a sworn statement describing the
vessel, proving legal ownership, and, if known, stating the
reason for the lack of hull identification number. The
application must be signed by the owner of the vessel and must be
accompanied by 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. On
receipt of the application in approved form, the department shall
enter the information on the records of its office and shall
issue to the applicant a hull identification number.
(c) No person may intentionally or knowingly destroy, remove,
alter, cover, or deface an outboard motor serial number, the
manufacturer's hull identification number or plate bearing the
hull identification number, or the hull identification number or
serial number issued by the department. No person may possess a
vessel with a hull identification number or an outboard motor
with a serial number that has been altered, defaced, mutilated,
or removed.
(d) A person who has a vessel with an altered, defaced,
mutilated, or removed hull identification number or an outboard
motor with an altered, defaced, mutilated, or removed serial
number shall file a sworn statement with the department
describing the vessel or outboard motor, proving legal ownership,
and, if known, stating the reason for the destruction, removal,
or defacement of the number. The statement 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 in approved form, the department shall
enter the information on records of its office and shall issue to
the applicant a hull identification number or outboard motor
serial number.
(e) This section does not apply to vessels with a valid marine
document issued by the United States Coast Guard's National
Vessel Documentation Center or a federal agency that is a
successor to the National Vessel Documentation Center.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1328, ch. 277, Sec. 5,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
5, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, Sec. 14,
eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1363, Sec. 4, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1099, Sec. 1, eff. Sept.
1, 1999.
Sec. 31.044. INSPECTIONS. A dealer, distributor, or
manufacturer may not refuse to allow the department or a peace
officer to inspect a vessel, outboard motor, or records relating
to the possession, origination, ownership, or transfer of a
vessel or outboard motor at a dealership or distributor's or
manufacturer's place of business during normal business hours.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 8(i), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, Sec. 9, eff. Sept. 1, 2003.
SUBCHAPTER B-1. CERTIFICATES OF TITLE FOR VESSELS AND OUTBOARD
MOTORS
Sec. 31.045. OWNERSHIP OF VESSELS AND OUTBOARD MOTORS;
CERTIFICATES OF TITLE. (a) 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.
(b) The ownership of a new vessel or a new outboard motor is
evidenced by a manufacturer's or an importer's certificate
executed on a form prescribed by the department.
(c) Separate certificates are required for vessels and for
outboard motors.
(d) The ownership of a vessel exempted from numbering under
Section 31.022(c) of this code is not required to be evidenced by
a certificate of title issued by the department.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 16,
eff. Sept. 1, 1993.
Sec. 31.046. APPLICATION FOR CERTIFICATE OF TITLE. (a) Except
as provided in Subsections (b) and (c) of this section, the
purchaser of a vessel or an outboard motor shall apply to the
department or to a county tax assessor-collector for a
certificate of title not later than 20 days after the date of the
sale of the vessel or outboard motor.
(b) A manufacturer or a dealer who sells a vessel or an outboard
motor to a person other than a manufacturer or a dealer shall
apply to the department or to a county tax assessor-collector for
a certificate of title for the vessel or outboard motor in the
name of the purchaser not later than 20 days after the date of
the sale.
(c) A dealer who acquires a vessel or an outboard motor, other
than a new vessel or outboard motor, is not required to apply for
a certificate of title in the name of the dealer, but on resale
of the vessel or outboard motor shall apply for the subsequent
purchaser under Subsection (b) of this section and shall submit
to the department or to a county tax assessor-collector the
endorsed certificate of title acquired by the dealer.
(d) The department or county tax assessor-collector may not
issue a certificate of title unless the tax due on the vessel or
outboard motor under Chapter 160, Tax Code, is paid.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1353, ch. 607,
Sec. 4, eff. Aug. 27, 1979; Acts 1991, 72nd Leg., 1st C.S., ch.
5, Sec. 7.06, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 450,
Sec. 16, eff. Sept. 1, 1993.
Sec. 31.0465. APPEAL REGARDING CERTIFICATE OF TITLE; BOND;
RULES. (a) An applicant for a certificate of title under
Section 31.046 may appeal the department's refusal to issue the
title by filing a bond with the department as provided by this
section.
(b) A bond filed under this section must be:
(1) in the form prescribed by the department;
(2) executed by the applicant;
(3) issued by a person authorized to act as a surety business in
this state;
(4) in an amount equal to 1-1/2 times the value of the vessel or
outboard motor as determined by the department; and
(5) conditioned to indemnify all prior owners and lienholders
and all subsequent purchasers of the vessel or outboard motor or
persons who acquire a security interest in the vessel or outboard
motor, and their successors in interest, against any expense,
loss, or damage, including reasonable attorney's fees, resulting
from:
(A) the issuance of the certificate of title for the vessel or
outboard motor; or
(B) a defect in or undisclosed security interest in the right,
title, or interest of the applicant to or in the vessel or
outboard motor.
(c) The department may issue the certificate of title to the
person filing the bond if the applicant proves to the
satisfaction of the department that:
(1) the vessel or outboard motor is not stolen; and
(2) issuance of a certificate of title would not defraud the
owner or a lienholder of the vessel or outboard motor.
(d) A person described by Subsection (b)(5) has a right of
action to recover on the bond for a breach of a condition of the
bond described by Subsection (b)(5). The aggregate liability of
the surety to all persons may not exceed the amount of the bond.
(e) A bond filed under this section expires on the third
anniversary of the date the bond became effective. The department
shall return an expired bond to the person who filed the bond
unless the department has been notified of a pending action to
recover on the bond.
(f) On return of a bond under Subsection (e), the department
shall issue a certificate of title to the person to whom the bond
is returned.
(g) In addition to the situation described by Subsection (c),
the commission by rule may define acceptable situations in which
certificates of title may be issued after the filing of a bond
under this section.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 8(j), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, Sec. 10, eff. Sept. 1,
2003.
Sec. 31.047. APPLICATION; FORM AND CONTENT; FEE. (a) A person
may apply for a certificate of title on a form prescribed by the
department.
(b) The form must contain:
(1) the name and address of the owner;
(2) a description of the vessel or outboard motor, including, as
appropriate, the manufacturer, make, model, year, length,
construction material, manufacturer's or builder's number, hull
identification number (HIN), motor number, outdrive number, and
horsepower;
(3) name and address of purchaser;
(4) date of purchase;
(5) name and address of any security interest owner;
(6) the appropriate affidavit as required by Section 160.042,
Tax Code; and
(7) other information required by the department to show the
ownership of the vessel or outboard motor, a security interest in
the vessel or outboard motor, or a further description of items
listed in the subdivision.
(c) The application must be accompanied by other evidence
reasonably required by the department to establish that the
applicant or other person is entitled to a certificate of title
or a noted security interest. The evidence may include:
(1) a certificate of title issued by another state or
jurisdiction;
(2) a manufacturer's or importer's certificate;
(3) a bill of sale, assignment, or contract;
(4) a promissory note;
(5) a security agreement;
(6) an invoice;
(7) a bill of lading;
(8) an affidavit;
(9) a probate or heirship proceeding or information;
(10) a judgment of a court of competent jurisdiction;
(11) evidence of an involuntary transfer as defined in
Subdivision (5) of Subsection (a) of Section 31.053, as amended,
which may be in affidavit form attaching copies of any pertinent
underlying documents; or
(12) other documents.
(d) An application for a certificate of title must be
accompanied by the fee required by Section 31.048 of this code.
(e) The department shall be authorized to issue certificates of
title on an accelerated basis upon the payment of a fee in
addition to the fees provided in Section 31.048 of this code as
determined periodically by the department based on regulations
the department shall establish.
(f) An application for a certificate of title on a homemade
vessel, the origin of which is based on the affidavit of the
person building the vessel, proof of materials incorporated into
the vessel, and the like, must be accompanied by a certificate
from a game warden commissioned by the department that the vessel
has been inspected by such officer and appears to be as applied
for. The applicant shall pay a fee of $25 to the department for
this inspection.
(g) If administration of an estate is not required by law, an
affidavit submitted under Subsection (c) must include:
(1) a showing that the administration is not required;
(2) identification of all heirs; and
(3) a statement by the heirs of the name in which to issue the
certificate.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 4060, ch. 636,
Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 1013, Sec.
1, eff. June 19, 1987; Acts 1989, 71st Leg., ch. 498, Sec. 1,
eff. Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec.
2(22), eff. Sept. 6, 1990; Acts 1993, 73rd Leg., ch. 450, Sec.
17, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1099, Sec. 2,
eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
529, Sec. 1, eff. June 17, 2005.
Sec. 31.048. FEE. (a) The fee for the issuance of a
certificate of title or for the notation of a security interest,
lien, or other encumbrance is $5 or an amount set by the
commission, whichever amount is more, and is treated as fees
collected under Section 31.026 of this code.
(b) If the fee is collected by a county tax assessor-collector,
the tax assessor-collector shall retain 10 percent of the fee
collected and send the remainder to the department. The amount
retained by the tax assessor-collector shall be deposited to the
credit of the officers salary fund of the county to be used for
the sole purpose of paying the salaries of persons issuing vessel
and outboard motor certificates of title.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1259, ch. 484,
Sec. 9, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1353, ch.
607, Sec. 5, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1328,
ch. 277, Sec. 6, eff. Sept. 1, 1983.; Acts 1985, 69th Leg., ch.
267, art. 2, Sec. 6, eff. Sept. 1, 1985; Acts 1993, 73rd Leg.,
ch. 450, Sec. 18, eff. Sept. 1, 1993.
Sec. 31.049. FORM OF CERTIFICATE OF TITLE. (a) A certificate
of title must be on a form prescribed by the department and must
contain:
(1) the name and address of the owner of the vessel or outboard
motor;
(2) the name of the owner of a security interest in the vessel
or outboard motor; and
(3) a description of the vessel or outboard motor.
(b) If there is no lien on the vessel or outboard motor, the
original certificate of title shall be delivered to the owner and
a copy retained by the department.
(c) If there is a lien on the vessel or outboard motor, the
original certificate of title shall be sent to the first
lienholder and a copy shall be retained by the department.
(d) "Original" shall be printed on an original certificate of
title and "duplicate original" shall be marked on a duplicate of
the original certificate.
(e) Title may be transferred by surrender of the original
certificate of title properly endorsed to show the transfer, by
evidence of an involuntary transfer as defined in Subdivision (5)
of Subsection (a) of Section 31.053, or by following the
provisions of Subsection (c) of Section 31.053 of this code.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 4061, ch. 636,
Sec. 2, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 450, Sec.
19, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 200, Sec. 8(k),
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, Sec. 11, eff.
Sept. 1, 2003.
Sec. 31.050. FORM OF MANUFACTURER'S AND IMPORTER'S CERTIFICATE.
(a) A manufacturer's certificate or an importer's certificate
must include:
(1) a description of the vessel or outboard motor as required by
Subdivision (2) of Subsection (b) of Section 31.047 of this code;
(2) the name and place of construction or other origin;
(3) the signature of the manufacturer or an equivalent of the
signature of the manufacturer; and
(4) the endorsement of the original and each subsequent
transferee, including the applicant for the original certificate
of title.
(b) A lien, security interest, or other encumbrance may not be
shown on a manufacturer's or importer's certificate.
(c) A security interest in a vessel or outboard motor held as
inventory by a person who is in the business of selling or
leasing goods of that kind may be perfected only by complying
with Chapter 9, Business & Commerce Code.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 668, ch. 152,
Sec. 1, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 450, Sec.
20, eff. Sept. 1, 1993.
Sec. 31.051. REPLACEMENT CERTIFICATES. The department shall
provide by regulation for the replacement of lost, mutilated, or
stolen certificates.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977.
Sec. 31.052. SECURITY INTEREST LIENS. (a) Except as provided
by this section and Section 31.050(c), and except for statutory
liens, security interests in a vessel or outboard motor shall be
noted on the certificate of title of the vessel or outboard motor
to which the security interest applies. On recordation of a
security interest on the certificate of title, the recorded
security interest owner and assignees under Subsection (c) obtain
priority over the rights of a lien creditor, as defined by
Section 9.102, Business & Commerce Code, for so long as the
security interest is recorded on the certificate of title.
(b) In case of any conflict between this code and Chapters 1
through 9 of the Business & Commerce Code, the provisions of
the Business & Commerce Code control.
(c) A security interest owner may assign a security interest
recorded under this chapter without making any filing or giving
any notice under this chapter. The security interest assigned
remains valid and perfected and retains its priority, securing
the obligation assigned to the assignee, against transferees from
and creditors of the debtor, including lien creditors, as defined
by Section 9.102, Business & Commerce Code.
(d) An assignee or assignor may, but need not to retain the
validity, perfection, and priority of the security interest
assigned, as evidence of the assignment of the security interest
recorded under this chapter, apply to the department or a county
assessor-collector for the assignee to be named as security
interest owner on the certificate of title and notify the debtor
of the assignment. Failure to make application under this
subsection or notify a debtor of an assignment does not create a
cause of action against the recorded security interest owner, the
assignor, or the assignee or affect the continuation of the
perfected status of the assigned security interest in favor of
the assignee against transferees from and creditors of the
debtor, including lien creditors, as defined by Section 9.102,
Business & Commerce Code.
Added by Acts 1977, 65th Leg., p. 1255, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 669, ch. 152,
Sec. 2, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 4062, ch.
636, Sec. 3, eff. Aug. 29, 1983; Acts 1991, 72nd Leg., ch. 16,
Sec. 15.01, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 450,
Sec. 21, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
814, Sec. 3, eff. June 19, 2009.
Sec. 31.053. TRANSFERS OF VESSELS AND OUTBOARD MOTORS. (a) No
person may sell, assign, transfer, or otherwise dispose of an
interest in a vessel or an outboard motor without:
(1) if the transferee is not a manufacturer or a dealer and the
vessel or outboard motor is new, delivering to the department a
manufacturer's or importer's certificate showing the endorsement
of the manufacturer and all intervening owners;
(2) if the transferee is a manufacturer or a dealer and the
vessel or outboard motor is new, delivering to the transferee a
manufacturer's or importer's certificate showing the endorsement
of the manufacturer and all intervening owners;
(3) if the vessel or outboard motor is not covered by a
certificate of title or a manufacturer's or importer's
certificate and if the transferor is a manufacturer or dealer,
delivering to the department sufficient evidence of title or
other information to permit the issuance of a certificate of
title for the vessel or outboard motor in the name of the
transferee;
(4) if the vessel or outboard motor is not covered by a
certificate of title or a manufacturer's or importer's
certificate and if the transferor is not a manufacturer or
dealer, delivering to the transferee sufficient evidence of title
or other information to permit the transferee to apply for and
receive a certificate of title for the vessel or outboard motor
in the name of the transferee; or
(5) delivering to the transferee a certificate of title for the
vessel or outboard motor in the name of the transferor and
properly endorsed to show the transfer or evidence of an
involuntary transfer.
(b) For the purposes of Subsection (a)(5) of this section an
involuntary transfer shall mean the transfer of ownership
pursuant to a contractual or statutory lien which confers the
power or right to the transfer. The evidence shall reflect the
proper exercise of the right conferred pursuant to the lien.
(c) The transferor shall provide the documents or evidence
required by Subsection (a) of this section to the department or
the transferee, as appropriate, in sufficient time to allow the
transferee to register and obtain a certificate of title for the
vessel or outboard motor not later than 20 days after the date of
the sale.
(d) Notwithstanding the provisions of Subsection (a) of this
section, a buyer of a new vessel or a new outboard motor in the
ordinary course of business as provided in Section 9.320(a),
Business & Commerce Code, takes the interest free of security
interests as provided in that section. A buyer of a vessel or
outboard motor that is not new shall be governed by Subsection
(a) of this section.
(e) The transferee shall provide the department with sufficient
evidence of ownership for transfer of a vessel or outboard motor
if the transferee:
(1) failed to obtain the title from the transferor or the title
was lost, stolen, or mutilated before the transfer was made; and
(2) has made reasonable efforts to contact the transferor to
obtain the required documentation.
(f) A person who is not licensed as a dealer, distributor, or
manufacturer under this chapter must obtain a certificate of
number or certificate of title to a vessel or outboard motor in
the person's name before transferring the certificate of number
or certificate of title.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 4063, ch. 636,
Sec. 4, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 283, Sec.
1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 450, Sec. 22,
eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 414, Sec. 2.33,
eff. July 1, 2001; Acts 2003, 78th Leg., ch. 200, Sec. 8(l), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, Sec. 12, eff.
Sept. 1, 2003.
Sec. 31.055. EXCEPTIONS. This subchapter does not apply to
vessels with a valid marine document issued by the United States
Coast Guard's National Vessel Documentation Center or a federal
agency that is a successor to the National Vessel Documentation
Center.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 23,
eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1099, Sec. 3, eff.
Sept. 1, 1999.
Sec. 31.056. FEE EXEMPTION FOR GOVERNMENT VESSELS AND OUTBOARD
MOTORS. A fee imposed by this chapter does not apply to a vessel
or outboard motor purchased by, owned by, or used exclusively in
the service of this state, a political subdivision of this state,
or the federal government.
Added by Acts 2007, 80th Leg., R.S., Ch.
410, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. REQUIRED EQUIPMENT
Sec. 31.061. UNIFORMITY OF EQUIPMENT REGULATIONS; STATE POLICY.
It is the policy of the state that all equipment rules and
regulations enacted under the authority granted in this chapter
be uniform and consistent with the equipment provisions of this
chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.062. OPERATION OF VESSELS WITHOUT REQUIRED EQUIPMENT
PROHIBITED. No person may operate or give permission for the
operation of a vessel that is not provided with the equipment
required by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.063. CLASSES OF MOTORBOATS. Motorboats subject to the
provisions of this chapter are divided into four classes
according to length as follows:
Class A. Less than 16 feet in length.
Class 1. 16 feet or over and less than 26 feet in length.
Class 2. 26 feet or over and less than 40 feet in length.
Class 3. 40 feet in length or over.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.064. LIGHTS. A vessel or motorboat when not at dock
must have and exhibit at least one bright light, lantern, or
flashlight from sunset to sunrise in all weather. A vessel or
motorboat when underway between sunset and sunrise in all weather
must have and exhibit the lights prescribed by the commandant of
the Coast Guard for boats of its class. No other lights that may
be mistaken for those prescribed may be exhibited.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 422, Sec. 1, eff.
Sept. 1, 1993.
Sec. 31.065. SOUND-PRODUCING DEVICES. A motorboat must have an
efficient whistle or other sound-producing device if one is
required by the commandant of the Coast Guard.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 422, Sec. 1, eff.
Sept. 1, 1993.
Sec. 31.066. LIFE PRESERVING DEVICES. (a) A motorboat must
have at least one life preserver, life belt, ring buoy, or other
device of the sort prescribed by the regulations of the
commandant of the Coast Guard for each person on board, so placed
as to be readily accessible.
(b) A motorboat carrying passengers for hire must have a readily
accessible life preserver of the sort prescribed by the
regulations of the commandant of the Coast Guard for each person
on board.
(c) The operator of a class A or class 1 motorboat, while
underway, shall require every passenger under 13 years of age to
wear a life preserver of the sort prescribed by the regulations
of the commandant of the Coast Guard. A life belt or ring buoy
does not satisfy this requirement.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 543, Sec. 2, eff. June
14, 1989.
Sec. 31.067. FIRE EXTINGUISHERS. (a) A motorboat must have the
number, size, and type of fire extinguishers prescribed by the
commandant of the Coast Guard.
(b) The fire extinguishers must be capable of promptly and
effectively extinguishing burning gasoline. They must be kept in
condition for immediate and effective use at all times and must
be placed so as to be readily accessible.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.068. FLAME ARRESTORS; BACKFIRE TRAPS. A motorboat must
have the carburetor or carburetors of every engine using gasoline
as fuel, except outboard motors, equipped with an efficient flame
arrestor, backfire trap, or other similar device prescribed by
the regulations of the commandant of the Coast Guard.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 31.069. VENTILATORS. Each motorboat and vessel, except an
open boat, using as fuel any liquid of a volatile nature must
have the equipment prescribed by the commandant of the Coast
Gua