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AN ACT
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relating to the identification and operation of vessels in the |
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waters of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.003(1), Parks and Wildlife Code, is |
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amended to read as follows: |
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(1) "Boat" means a vessel not more than 65 feet in |
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length, measured from the tip of the bow in a straight line to the |
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stern [end to end over the deck, excluding sheer]. |
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SECTION 2. Section 31.0341(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) Each county tax assessor-collector shall award |
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certificates of number under this chapter in the manner prescribed |
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by this chapter and the regulations of the department. [The
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department shall issue a block or blocks of numbers to each county
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tax assessor-collector for awarding to applicants on receipt of
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applications.] |
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SECTION 3. Section 31.039, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Subsection (c), all [All] |
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ownership records of the department made or kept under this chapter |
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are public records. |
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(c) An owner identifier as prescribed by 33 C.F.R. Section |
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174.17 is not a public record. |
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SECTION 4. Sections 31.040(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) Before the vessel is rented or let for hire, the [The] |
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owner or operator of a vessel livery shall obtain a certificate of |
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number for a vessel [all vessels] being used as a motorboat prior to |
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being rented [motorboats to rent or let for hire]. |
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(b) [To receive certificates of number, the owner of a
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vessel livery shall apply directly to the department on application
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forms provided by the department.] The application for the |
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certificate of number under Section 31.024 or for a certificate of |
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title under Section 31.046 must state that the applicant is a vessel |
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livery within the meaning of this chapter [, and the facts stated in
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the application must be sworn before an officer authorized to
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administer oaths]. |
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SECTION 5. Section 31.047(b), Parks and Wildlif |
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e Code, is |
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amended to read as follows: |
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(b) The form must contain: |
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(1) the owner's name, [and] address, and owner |
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identifier as prescribed by 33 C.F.R. Section 174.17 [of the
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owner]; |
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(2) a description of the vessel or outboard motor, |
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including, as appropriate, the manufacturer, make, model, year, |
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length, construction material, manufacturer's or builder's number, |
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hull identification number (HIN), motor number, outdrive number, |
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primary operation purpose, vessel type, propulsion type, engine |
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drive type, fuel, and horsepower; |
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(3) name and address of purchaser; |
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(4) date of purchase; |
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(5) name and address of any security interest owner; |
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(6) the appropriate affidavit as required by Section |
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160.042, Tax Code; and |
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(7) other information required by the department to |
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show the ownership of the vessel or outboard motor, a security |
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interest in the vessel or outboard motor, or a further description |
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of items listed in the subdivision. |
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SECTION 6. Section 31.049(d), Parks and Wildlife Code, is |
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amended to read as follows: |
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(d) An original certificate of title bears an assigned title |
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number. A replacement certificate of title consists of a new, |
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printed title that bears a new title number. The previous title |
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number is void when the replacement certificate of title is issued. |
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["Original" shall be printed on an original certificate of title
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and "duplicate original" shall be marked on a duplicate of the
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original certificate.] |
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SECTION 7. Subchapter C, Chapter 31, Parks and Wildlife |
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Code, is amended by adding Section 31.074 to read as follows: |
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Sec. 31.074. VISUAL DISTRESS SIGNAL. (a) In this section: |
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(1) "Coastal waters" means the water that lies within |
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nine nautical miles from the coastline of this state. |
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(2) "Uninspected passenger vessel" has the meaning |
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assigned by 46 C.F.R. Section 24.10-1. |
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(3) "Visual distress signal" means a device that is |
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approved and required by the commandant of the United States Coast |
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Guard for the purpose of indicating a vessel in distress, including |
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flares, smoke signals, and non-pyrotechnic signals. |
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(b) No person may operate on the coastal waters a vessel |
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that is 16 feet or more in length, or any vessel operating as an |
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uninspected passenger vessel, unless the vessel is equipped with |
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readily accessible visual distress signals approved for day and |
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night use in the number required by the commandant of the United |
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States Coast Guard. |
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(c) Between sunset and sunrise, no person may operate on the |
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coastal waters a vessel less than 16 feet in length unless the |
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vessel is equipped with readily accessible visual distress signals |
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approved for night use in the number required by the commandant of |
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the United States Coast Guard. |
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(d) No person may operate a vessel on coastal waters unless |
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each visual distress signal required under this section is in |
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serviceable condition and the service life of the signal, if |
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indicated by a date marked on the signal, has not expired. |
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SECTION 8. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1106 was passed by the House on April |
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11, 2013, by the following vote: Yeas 142, Nays 2, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1106 on May 16, 2013, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1106 was passed by the Senate, with |
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amendments, on May 13, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |