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A BILL TO BE ENTITLED
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AN ACT
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relating to Parks and Wildlife Department procedures for the |
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transfer of ownership of boats or outboard motors; providing |
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penalties; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.025, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.025. RENEWAL OF CERTIFICATES OF NUMBER. (a) An |
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application for the renewal of each certificate of number shall be |
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prepared by the department and mailed to the owner of the vessel, or |
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sent electronically to the owner if the owner has agreed to receive |
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department communications electronically, during the period of the |
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last 90 days before the expiration date of the certificate. The same |
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number shall be issued on renewal. |
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(b) The completed application for renewal may be returned to |
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the department, to any county tax assessor-collector, or if |
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permitted by the department, to an agent of the department. |
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(c) A completed application [Applications] not received |
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during the 90-day period shall be treated in the same manner as an |
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original application [applications]. |
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(d) The department, an authorized agent, or a county tax |
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assessor-collector may not issue a renewal certificate of number |
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unless the tax due on the vessel under Chapter 160, Tax Code, is |
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paid. |
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SECTION 2. Section 31.037, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.037. CHANGE IN OWNERSHIP INTEREST; NOTICE TO |
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DEPARTMENT. (a) The recorded owner of a vessel numbered in this |
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state shall notify the department not later than the 20th day after |
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the date: |
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(1) [within a reasonable time] of the transfer by |
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sale, donation, gift, or other means of all or any part of the |
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owner's [his] interest in the vessel, other than the creation of a |
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security interest in the vessel; |
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(2) [, or] of the destruction or disposal |
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[abandonment] of the vessel; or |
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(3) of the permanent removal of the vessel from this |
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state to another state or country. |
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(a-1) The notification under Subsection (a) must be on a |
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form prescribed by the department that includes: |
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(1) the name and address of the new owner, as |
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applicable; and |
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(2) the vessel's certificate of number [notice shall
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be accompanied by a surrender of the certificate of number]. |
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(b) If the vessel is destroyed, disposed of, or permanently |
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moved to another state or country [abandoned], the department shall |
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cancel the certificate of number and enter the cancellation in its |
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records. |
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(c) The new owner [purchaser] of a vessel shall, not later |
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than the 20th day after the date ownership was transferred, submit |
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an application to the department with: |
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(1) [present] evidence of [his] ownership; |
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(2) the new owner's [to the department within a
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reasonable time along with his] name and [,] address; |
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(3) [, and] the number of the vessel; and |
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(4) [shall at the same time pay to the department] a |
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fee of $2 or an amount set by the commission, whichever amount is |
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more. |
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(d) On receipt of the new owner's application and fee the |
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department shall transfer the certificate of number issued for the |
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vessel to the new owner. Unless the application is made and the fee |
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is paid on [within a reasonable] time, the vessel is without a |
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certificate of number, and it is unlawful for any person to operate |
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the vessel until the certificate is issued. |
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SECTION 3. Section 31.045, Parks and Wildlife Code, is |
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amended by adding Subsections (e), (f), (g), (h), and (i) to read as |
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follows: |
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(e) The recorded owner of a vessel or outboard motor shall |
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notify the department not later than the 20th day after the date: |
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(1) of the transfer by sale, donation, gift, or other |
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means of all or any part of the owner's interest in the vessel or |
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outboard motor; or |
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(2) of the permanent removal of the vessel or outboard |
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motor from this state to another state or country. |
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(f) Notification of a transfer of interest or move to |
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another state or country under Subsection (e) must be on a form |
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prescribed by the department that includes the name and address of |
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the new owner and, as applicable: |
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(1) the vessel's certificate of number; and |
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(2) the serial number of the outboard motor. |
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(g) If a vessel or outboard motor for which the department |
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has issued a certificate of title is destroyed or disposed of in a |
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manner not described by Subsection (e), the recorded owner shall |
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notify the department not later than the 20th day after the date of |
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the destruction or disposal and shall surrender to the department |
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the certificate of title. |
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(h) On receipt of notice under Subsection (e) or (g), the |
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department shall cancel the title and enter the cancellation in the |
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department's records. |
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(i) A recorded owner who fails to file notification in |
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accordance with Section 31.037 or this section: |
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(1) is subject to the penalties under Section 31.127; |
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and |
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(2) is subject to the removal costs under Section |
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40.108, Natural Resources Code, and penalties under Chapter 40, |
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Natural Resources Code, as the person considered responsible for an |
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abandoned vessel or outboard motor. |
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SECTION 4. The Parks and Wildlife Department may begin |
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enforcement of the 20-day period for an owner to notify the |
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department of a change in ownership under Sections 31.037 and |
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31.045, Parks and Wildlife Code, as amended by this Act, only on or |
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after January 1, 2016. |
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SECTION 5. This Act takes effect September 1, 2015. |
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