reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.025. Renewal of Certificates of Number

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, or sent electronically to the owner if the owner has agreed to receive department communications electronically, 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 completed 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)  A completed application not received during the 90-day period shall be treated in the same manner as an original application.
(d)  The department, an authorized agent, or a county tax assessor-collector may not issue a renewal 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. 1353, ch. 607, Sec. 2, eff. Aug. 27, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 396 (H.B. 1466), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.026. Fees

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.028. Certificate of Number

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.029. Term of Certificate of Number

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.030. Duplicate Certificates and Decals

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.031. Numbering Pattern

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.032. Numbering Location and Visibility; Exemption; Decal

Sec. 31.032.  NUMBERING LOCATION AND VISIBILITY; EXEMPTION; DECAL.  (a)  The owner of a vessel shall paint on or attach to each side of the forward half of the vessel the identification number and a registration 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.
(a-1)  On a vessel configured so that a number on the hull or superstructure is not easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.
(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 registration 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 registration 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 (H.B. 942), Sec. 1, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1388 (H.B. 115), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1388 (H.B. 115), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.033. Unauthorized Numbers Prohibited

Sec. 31.033.  UNAUTHORIZED NUMBERS PROHIBITED.  (a)  No person may paint, attach, or otherwise display on the forward half 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 a vessel.
(c)  No person may display on a vessel a registration decal that is altered, fraudulent, or issued under a certificate of number assigned to another 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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 695 (H.B. 384), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1388 (H.B. 115), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.034. Issuance of Numbers by Department or Authorized Agent

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.0341. Issuance of Numbers: County Tax Assessor-Collector

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.
(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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 286 (H.B. 1106), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.035. Rules and Regulations; Copies

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.036. Proof of Ownership

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.037. Change in Ownership Interest; Notice to Department

Sec. 31.037.  CHANGE IN OWNERSHIP INTEREST; NOTICE TO DEPARTMENT. (a) The recorded owner of a vessel numbered in this state shall notify the department not later than the 20th day after the date:
(1)  of the transfer by sale, donation, gift, or other means of all or any part of the owner's interest in the vessel, other than the creation of a security interest in the vessel;
(2)  of the destruction or disposal of the vessel; or
(3)  of the permanent removal of the vessel from this state to another state or country.
(a-1)  The notification under Subsection (a) must be on a form prescribed by the department that includes:
(1)  the name and address of the new owner, as applicable; and
(2)  the vessel's certificate of number.
(b)  If the vessel is destroyed, disposed of, or permanently moved to another state or country, the department shall cancel the certificate of number and enter the cancellation in its records.
(c)  The new owner of a vessel shall, not later than the 45th day after the date ownership was transferred, submit an application to the department with:
(1)  evidence of ownership;
(2)  the new owner's name and address;
(3)  the number of the vessel; and
(4)  a fee of $2 or an amount set by the commission, whichever amount is more.
(d)  On receipt of the new owner's 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 the fee is paid on 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 396 (H.B. 1466), Sec. 2, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1249 (H.B. 4032), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.038. Change of Address; Notice to Department

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.039. Public Records; Fees

Sec. 31.039.  PUBLIC RECORDS;  FEES.  (a)  Except as provided by Subsection (c), 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.
(c)  An owner identifier as prescribed by 33 C.F.R. Section 174.17 is not a public record.
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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 286 (H.B. 1106), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.0391. Release of Information

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.
Text of subsection effective until January 01, 2025
(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.
Text of subsection effective on January 01, 2025
(b)  This section does not apply to the release of information to:
(1)  a peace officer as defined by Article 2A.001, 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.159, eff. January 1, 2025.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.040. Vessel Liveries

Sec. 31.040.  VESSEL LIVERIES.  (a)  Before the vessel is rented or let for hire, the owner or operator of a vessel livery shall obtain a certificate of number for a vessel being used as a motorboat prior to being rented.
(b)   The application for the certificate of number under Section 31.024 or for a certificate of title under Section 31.046 must state that the applicant is a vessel livery within the meaning of this chapter.
(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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 286 (H.B. 1106), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.0411. Term of License; Transfer

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.0412. Licensing Rules

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 (S.B. 489), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.0413. Exemption From Dealer Licensing Requirements

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.042. Cancellation of Certificates of Number; Grounds

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.044. Inspections

Sec. 31.044.  INSPECTIONS.  (a)  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.
(b)  The commission by rule shall adopt a policy to guide the prioritization of inspections of license holders holding a license issued under Section 31.041 based on risk to water safety.
(c)  The policy adopted under this section must require that the department:
(1)  determine the conditions under which an on-site inspection of a license holder by the department is appropriate;
(2)  develop an assessment tool for determining the appropriate frequency and intensity of department inspections of license holders, based on key risk factors and indications of increased or decreased risk, such as repeated or remedied violations and failed or passed inspections; and
(3)  document all license holder inspections and the results of those inspections and make the documentation available to all employees whose job descriptions include the regulation of license holders.
(d)  The policy adopted under this section may be combined with a policy adopted under Section 12.1025.
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.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.045. Ownership of Vessels and Outboard Motors; Certificates of Title

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.
(e)  The recorded owner of a vessel or outboard motor shall notify the department not later than the 20th day after the date:
(1)  of the transfer by sale, donation, gift, or other means of all or any part of the owner's interest in the vessel or outboard motor; or
(2)  of the permanent removal of the vessel or outboard motor from this state to another state or country.
(f)  Notification of a transfer of interest or move to another state or country under Subsection (e) must be on a form prescribed by the department that includes the name and address of the new owner and, as applicable:
(1)  the vessel's certificate of number; and
(2)  the serial number of the outboard motor.
(g)  If a vessel or outboard motor for which the department has issued a certificate of title is destroyed or disposed of in a manner not described by Subsection (e), the recorded owner shall notify the department not later than the 20th day after the date of the destruction or disposal and shall surrender to the department the certificate of title.
(h)  On receipt of notice under Subsection (e) or (g), the department shall cancel the title and enter the cancellation in the department's records.
(i)  A recorded owner who fails to file notification in accordance with Section 31.037 or this section:
(1)  is subject to the penalties under Section 31.127; and
(2)  is subject to the removal costs under Section 40.108, Natural Resources Code, and penalties under Chapter 40, Natural Resources Code, as the person considered responsible for an abandoned vessel or outboard motor.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 396 (H.B. 1466), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.046. Application for Certificate of Title

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 the 45th day 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 the 45th day 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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1249 (H.B. 4032), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.0465. Appeal Regarding Certificate of Title; Bond; Rules

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.048. Fee

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.049. Form of Certificate of Title

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)  An original certificate of title bears an assigned title number.  A replacement certificate of title consists of a new, printed title that bears a new title number.  The previous title number is void when the replacement certificate of title is issued.
(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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 286 (H.B. 1106), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.050. Form of Manufacturer's and Importer's Certificate

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.051. Replacement Certificates

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.052. Security Interest Liens

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 (S.B. 1592), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.055. Exceptions

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. -1. Certificates of Title for Vessels and Outboard Motors › Section 31.056. Fee Exemption for Government Vessels and Outboard Motors

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 (S.B. 969), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.061. Uniformity of Equipment Regulations; State Policy

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.062. Operation of Vessels Without Required Equipment Prohibited

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.063. Classes of Motorboats

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.064. Lights

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.065. Sound-Producing Devices

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.066. Life Preserving Devices

Sec. 31.066.  LIFE PRESERVING DEVICES.  (a)  A motorboat, including a motorboat carrying passengers for hire, must carry at least one wearable personal flotation 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)   The operator of a motorboat less than 26 feet in length, while underway, shall require every passenger under 13 years of age to wear a wearable personal flotation device 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.
(c)  A person may not operate a recreational vessel 16 feet or more in length unless the vessel is equipped with:
(1)  the number of wearable personal flotation devices required under Subsection (a); and
(2)  additionally, at least one immediately accessible Type IV throwable flotation device of the sort prescribed by the regulations of the commandant of the Coast Guard.
(d)  A person under 13 years of age on board a vessel described by Section 31.073(a) or (b) must wear a wearable personal flotation device of the sort prescribed by the commandant of the Coast Guard while the vessel is under way.
(e)  An adult operator of a vessel described by Section 31.073 may not permit a person under 13 years of age to be on board the vessel while the vessel is under way if the person under 13 years of age is not wearing a wearable personal flotation device required by Subsection (d).
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1127 (H.B. 308), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.067. Fire Extinguishers

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.068. Flame Arrestors; Backfire Traps

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.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.069. Ventilators

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 Guard designed to ventilate properly and efficiently the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter C. Required Equipment › Section 31.070. Exhaust Water Manifold; Muffler

Sec. 31.070.  EXHAUST WATER MANIFOLD;  MUFFLER.  A motorboat operating on the water of this state must have an exhaust water manifold or a factory-type muffler installed on the engine.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.