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                                                                  H.B. No. 883




AN ACT
relating to the disposition of abandoned watercraft and the construction of, and donation of materials for, artificial reefs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 89, Parks and Wildlife Code, is amended by adding Sections 89.0025 and 89.006 to read as follows: Sec. 89.0025. RULES. The commission may adopt rules and guidelines as necessary to implement this chapter. Sec. 89.006. REEF CONSTRUCTION BY OTHERS. The department may authorize a person to place a donation of reef materials in a permitted zone in accordance with this chapter and commission rules and guidelines. SECTION 2. Section 683.014, Transportation Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) If an abandoned motor vehicle, watercraft, or outboard motor is not claimed under Section 683.012: (1) the owner or lienholder: (A) waives all rights and interests in the item; and (B) consents to the sale of the item by public auction or the transfer of the item, if a watercraft, as provided by Subsection (d); and (2) the law enforcement agency may sell the item at a public auction, transfer the item, if a watercraft, as provided by Subsection (d), or use the item as provided by Section 683.016. (d) On consent of the Parks and Wildlife Department, the law enforcement agency may transfer a watercraft that is not claimed under Section 683.012 to the Parks and Wildlife Department for use as part of an artificial reef under Chapter 89, Parks and Wildlife Code, or for other use by the Parks and Wildlife Department permitted under the Parks and Wildlife Code. On transfer of the watercraft, the Parks and Wildlife Department: (1) takes title free and clear of all liens and claims of ownership; and (2) is entitled to register the watercraft and receive a certificate of title. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 883 was passed by the House on April 21, 2005, by the following vote: Yeas 142, Nays O, 1 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 883 was passed by the Senate on May 12, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor