Bill Text: TX HB1106 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the identification and operation of vessels in the waters of this state.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1106 Detail]
Download: Texas-2013-HB1106-Comm_Sub.html
Bill Title: Relating to the identification and operation of vessels in the waters of this state.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1106 Detail]
Download: Texas-2013-HB1106-Comm_Sub.html
83R13250 SLB-D | |||
By: Larson | H.B. No. 1106 | ||
Substitute the following for H.B. No. 1106: | |||
By: Aycock | C.S.H.B. No. 1106 |
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relating to the identification and operation of vessels in the | ||
waters of this state; authorizing a change in fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 31.003(1), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(1) "Boat" means a vessel not more than 65 feet in | ||
length, measured from the tip of the bow in a straight line to the | ||
stern [ |
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SECTION 2. Section 31.0341(a), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(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. [ |
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SECTION 3. Section 31.039, Parks and Wildlife Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) Except as provided by Subsection (c), all [ |
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ownership records of the department made or kept under this chapter | ||
are public records. | ||
(c) An owner identifier as prescribed by 33 C.F.R. Section | ||
174.17 is not a public record. | ||
SECTION 4. Sections 31.040(a) and (b), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(a) Before the vessel is rented or let for hire, the [ |
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owner or operator of a vessel livery shall obtain a certificate of | ||
number for a vessel [ |
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being rented [ |
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(b) [ |
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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 [ |
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SECTION 5. Sections 31.043(b) and (d), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(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 or an amount set by the commission, | ||
whichever amount is more, 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. | ||
(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 or an | ||
amount set by the commission, whichever amount is more, 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. | ||
SECTION 6. Sections 31.047(b) and (f), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(b) The form must contain: | ||
(1) the owner's name, [ |
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identifier as prescribed by 33 C.F.R. Section 174.17 [ |
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(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, | ||
primary operation purpose, vessel type, propulsion type, engine | ||
drive type, fuel, 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. | ||
(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 or an amount set by the commission, | ||
whichever amount is more, to the department for this inspection. | ||
SECTION 7. Section 31.049(d), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(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. | ||
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SECTION 8. Subchapter C, Chapter 31, Parks and Wildlife | ||
Code, is amended by adding Section 31.074 to read as follows: | ||
Sec. 31.074. VISUAL DISTRESS SIGNAL. (a) In this section: | ||
(1) "Coastal waters" means the water that lies within | ||
nine nautical miles from the coastline of this state. | ||
(2) "Uninspected passenger vessel" has the meaning | ||
assigned by 46 C.F.R. Section 24.10-1. | ||
(3) "Visual distress signal" means a device that is | ||
approved and required by the commandant of the United States Coast | ||
Guard for the purpose of indicating a vessel in distress, including | ||
flares, smoke signals, and non-pyrotechnic signals. | ||
(b) No person may operate on the coastal waters a vessel | ||
that is 16 feet or more in length, or any vessel operating as an | ||
uninspected passenger vessel, unless the vessel is equipped with | ||
readily accessible visual distress signals approved for day and | ||
night use in the number required by the commandant of the United | ||
States Coast Guard. | ||
(c) Between sunset and sunrise, no person may operate on the | ||
coastal waters a vessel less than 16 feet in length unless the | ||
vessel is equipped with readily accessible visual distress signals | ||
approved for night use in the number required by the commandant of | ||
the United States Coast Guard. | ||
(d) No person may operate a vessel on coastal waters unless | ||
each visual distress signal required under this section is in | ||
serviceable condition and the service life of the signal, if | ||
indicated by a date marked on the signal, has not expired. | ||
SECTION 9. This Act takes effect September 1, 2013. |