September 11, 1990 

Mr. Andrew Sansom 

Executive Director 

Texas Parks and Wildlife 

Department 

4200 Smith School Road 

Austin, Texas 78744 

Dear Wr. Sansom: 

Opinion No. JM-1219 

Re: Authority of the Parks 

and Wildlife Department to 

accept an affidavit in lieu 

of a certificate of title for 

a boat (RQ-2043) 

your predecessor asked us to render an opinion about 

issuance of a new certificate of title for a motorboat that 

is already covered by a certificate of title when the 

applicant cannot produce the existing certificate of title 

endorsed by the transferor. Specifically, you ask whether 

the Parks and Wildlife Department may issue a certificate of 

- title based on an affidavit in which the applicant explains 

the missing certificate of title. 

The ownership of a motorboat, other than a new 

motorboat, is evidenced by a certificate of title issued by 

the department. Parks and Wildlife Code 5 31.045. A 

purchaser of a motorboat must apply for a certificate of 

title not later than 20 days after the sale. &J. 

5 31.046(a). An application for a certificate of title mUSt 

be accompanied by information showing ownership and evidence 

establishing that the applicant is entitled to a certificate 

of title. s. 5 31.047. 

Section 31.053 of the Parks and Wildlife Code governs 

the transfer of motorboats. Section 31.049(e) provides as 

follows: 

Title ~~ay be transferred onlv bv surrender 

. . of the oriainal certat== of title or ooerlv 

aorsed to show the transfer or by evidence 

of an involuntary transfer as defined in 

Subdivision (5) of Subsection (a) of Section 

31.053, as amended. (Emphasis added.) 

See also Parks and Wildlife Code 5 31.053 (setting out 

exclusive methods for transferring ownership of motorboats); 

C Attorney General Opinion MW-458 (1982). In other words, if 

p. 6445 
Mr. Andrew Sansom - Page 2 (JM-1219) 

the seller does not surrender the certificate of title to 

the purchaser, no transfer has occurred, at least insofar as 

the department is concerned. a &~,&RY v. RDY. Inc 760 

S.W.2d 813 (Tex. Ct. App.- Corpus Christi 1988, no 'Grit). 

Therefore, in such circumstances, the department has no 

authority to issue a new certificate of title to the 

purchaser. Attorney General Opinion MW-458 (1982). 

We note that the department is required to make 

regulations regarding replacement of lost, stolen, 

mutilitated certificates of title. u. 5 31.051. If ": 

certificate of title was not transferred because the 

original was lost, stolen, or mutilated, the transferor 

should seek a replacement certificate of title to transfer 

to the purchaser. 

If the seller's certificate of title was lost, stolen, 

or mutilated after it was transferred to the purchaser, then 

the department would have authority to recognize the change 

in ownership. In order to issue a replacement certificate 

of title to the purchaser, the department would need 

sufficient evidence that the transfer of the certificate of 

title took place. See &j. 5 31.047. Your question, then, 

is whether the affidavit of the purchaser would be 

sufficient to show both that a transfer of the original 

certificate of title occurred and that the original was 

subsequently lost, stolen, or mutilated. Affidavits are 

included among the items that may serve as evidence that a 

person is entitled to a certificate of title for 

motorboat. fi. 5 31.047(C)(S). What constitutes sufficienz 

proof in any particular circumstances is a fact question and 

in the first 

iI;ide. 

instance, a matter for the department to 

We think it is unlikely, however, that an affidavit 

of the purchaser, with nothing more, would be sufficient 

evidence of the sales transaction to justify issuance of a 

certificate of title in the name of the purchaser. 

SUMMARY 

Whether the Department of Parks and 

Wildlife may issue a replacement certificate 

of title for a motorboat depends on the facts 

of each case. , 

JIM MATTOX 

Attorney General of Texas 

p. 6446 
Mr. Andrew Sansom - Page 13 (JM-1219) 

MARYKELLER 

First Assistant Attorney General 

Lou MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RRNEA HICKS 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Sarah Woelk 

Assistant Attorney General 

P. 6447