CHAPTER 31. WATER SAFETY - Texas Statutes

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(9) Repealed by Acts 1997, 75th Leg., ch. 1363, Sec. 12, eff.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

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