SB1267 - Relating to certificates of number and certificates of title issued by and records kept by the Parks and Wildlife Department; creating a criminal offense.

      S.B. No. 1267         AN ACT   relating to certificates of number and certificates of title issued   by and records kept by the Parks and Wildlife Department; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.003, Parks and Wildlife Code, is   amended by amending Subdivisions (2), (8), and (11) and adding   Subdivisions (19), (20), (21), (22), (23), (24), (25), (26), and   (27) to read as follows:                (2)  "Vessel" means any watercraft[ , other than a   seaplane on water, ] used or capable of being used for   transportation on water , except:                       (A)  a watercraft exempted by commission rule;                       (B)     a watercraft that operates only on a   permanently fixed, manufactured course, the movement of which is   restricted to or guided by means of a mechanical device to which the   watercraft is attached or by which the watercraft is controlled;                       (C)  a seaplane; and                       (D)  a stationary floating structure that:                             (i)     does not have and is not designed to   have a mode of propulsion of its own;                             (ii)     is dependent for utilities upon a   continuous utility hookup to a source originating on shore; and                             (iii)     has a permanent, continuous hookup to   a shoreside sewage system .                (8)  "Vessel livery" means a person [ business   establishment ] engaged in advertising, renting , or hiring out   vessels for consideration [ profit ]. The term includes a   recreational equipment timeshare business that leases or rents   vessels for consideration.                (11)  "Manufacturer" means a person engaged in the   business of manufacturing or importing new and unused vessels and   outboard motors for the purpose of sale or trade.                 (19)     "Cancel" means, with respect to a certificate of   title, to make the certificate ineffective.                 (20)     "Certificate of title" means, with respect to a   vessel or outboard motor, a record, created by the department under   this chapter or by a governmental agency of another jurisdiction   under the law of that jurisdiction, that is designated as a   certificate of title by the department or agency and is evidence of   ownership of a vessel or outboard motor.                 (21)     "Electronic" means relating to technology having   electrical, digital, magnetic, wireless, optical, electromagnetic,   or similar capabilities.                 (22)     "Hull identification number" means the   alphanumeric designation assigned to a vessel under 33 C.F.R. Part   181.                 (23)     "Owner of record" or "recorded owner" means an   owner indicated in the files of the department.                 (24)     "Purchase" means, with respect to a vessel or   outboard motor, to take by any voluntary transaction that creates   an interest in the vessel or outboard motor.                 (25)  "Purchaser" means a person who takes by purchase.                 (26)     "Record" means information inscribed on a   tangible medium or stored in an electronic or other medium and   retrievable in perceivable form.                 (27)     "Security interest" means, with respect to a   vessel or outboard motor, an interest in the vessel or outboard   motor that secures payment or performance of an obligation if the   interest is created by contract or arises under Section 2.401,   2.505, 2.711(c), or 2A.508(e), Business & Commerce Code, except   that the retention or reservation of title by a seller of a vessel   or outboard motor notwithstanding shipment or delivery to the buyer   under Section 2.401 of that code is limited in effect to a   reservation of a security interest. The term:                       (A)     includes any interest of a consignor in a   vessel or outboard motor in a transaction that is subject to Chapter   9, Business & Commerce Code; and                       (B)  does not include:                             (i)     the special property interest of a   buyer of a vessel or outboard motor on identification of that vessel   or outboard motor to a contract for sale under Section 2.501,   Business & Commerce Code, unless a buyer acquires a security   interest by complying with Chapter 9 of that code;                             (ii)     the right of a seller or lessor of a   vessel or outboard motor under Chapter 2 or 2A, Business & Commerce   Code, to retain or acquire possession of the vessel or outboard   motor:                                   (a)     except as otherwise provided by   Section 2.505, Business & Commerce Code; or                                   (b)     unless a seller or lessor acquires   a security interest by complying with Chapter 9, Business &   Commerce Code; or                             (iii)     an interest created by a transaction   in the form of a lease, unless the transaction created a security   interest under Section 1.203, Business & Commerce Code.          SECTION 2.  Section 31.022(a), Parks and Wildlife Code, is   amended to read as follows:          (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 ; or                 (5)     an amphibious vehicle for which a certificate of   title is issued under Chapter 501, Transportation Code, or a   similar law of another state .          SECTION 3.  Section 31.028, Parks and Wildlife Code, is   amended to read as follows:          Sec. 31.028.  CERTIFICATE OF NUMBER.  The certificate of   number shall be pocket-size.  The certificate , [ or ] a facsimile of   the certificate, or an electronic version of the certificate   provided by the department [ 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.          SECTION 4.  Section 31.037(c), Parks and Wildlife Code, is   amended to read as follows:          (c)  The new owner of a vessel shall, not later than the 20th   [ 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.          SECTION 5.  Sections 31.039(a) and (b), Parks and Wildlife   Code, are amended to read as follows:          (a)   Ownership  [ Except as provided by Subsection (c), all   ownership ] records of the department made or kept under this   chapter are public records , including the information required   under Section 31.049, except the following information is not a   public record:                 (1)     an owner identifier as prescribed by 33 C.F.R.   Section 174.17;                 (2)     the phone number, e-mail address, social security   number, or taxpayer identification number of an owner of a vessel or   outboard motor; and                 (3)     any other information contained in an ownership   record that is not subject to public disclosure under Chapter 552,   Government Code, or other law .          (b)  The commission may by rule charge a fee for access to   ownership records and other records made or kept under this   chapter. The department may provide a record in any medium. If   requested, the department shall provide a record in a format that is   self-authenticating under Rule 902, Texas Rules of Evidence.          SECTION 6.  Sections 31.041(h) and (i), Parks and Wildlife   Code, are amended to read as follows:          (h)  Not later than the 20th [ 45th ] day after a dealer,   distributor, or manufacturer holding a dealer's, distributor's, or   manufacturer's license sells at the first or a subsequent sale a   vessel or outboard motor, the dealer, distributor, or manufacturer   shall apply, in the name of the purchaser of the vessel or outboard   motor, for a certificate of number or a certificate of title for the   vessel or outboard motor, as applicable, and file with the   department each document necessary to transfer the certificate of   number or certificate of title.          (i)  A person purchasing a vessel may use the temporary   facsimile number issued under Subsection (f) for a period not to   exceed 20 [ 45 ] days from the date the dealer, distributor, or   manufacturer applies for a certificate of number or a certificate   of title under Subsection (h). The person shall retain the   facsimile number on the vessel for the period described by this   subsection.          SECTION 7.  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   appli [Text truncated for display. Full text available on LegiScan.]