Title PW, Parks and Wildlife Code

Sec. 31.0391. RELEASE OF INFORMATION. (a) The department or a county may not release the name or address of a person recorded in the department vessel and outboard motor ownership records unless the department or county receives a written request that: (1) contains the requestor'…

Sec. 31.040. VESSEL LIVERIES. (a) Before the vessel is rented or let for hire, the owner or operator of a vessel livery shall obtain a certificate of number for a vessel being used as a motorboat prior to being rented. (b) The application for the certificate of number under Secti…

Sec. 31.041. DUTIES OF DEALERS, DISTRIBUTORS, AND MANUFACTURERS; LICENSE REQUIRED. (a) A person may not engage in business in this state as a dealer, distributor, or manufacturer unless the person holds a license issued under this section and enters into a license agreement with …

Sec. 31.0411. TERM OF LICENSE; TRANSFER. (a) Except as provided by Subsection (b), a license issued under Section 31.041: (1) is valid for two years from the date of issuance; and (2) may not be transferred to another person. (b) A license issued under Section 31.041 in the name …

Sec. 31.0412. LICENSING RULES. The commission may adopt rules regarding licenses issued under Section 31.041, including rules: (1) regarding license transfer procedures; (2) prescribing application and license agreement forms; (3) regarding application and renewal procedures; (4)…

Sec. 31.0413. EXEMPTION FROM DEALER LICENSING REQUIREMENTS. The dealer licensing provisions of this subchapter do not apply to the sale of a canoe, kayak, punt, rowboat, rubber raft, paddleboat, or other vessel that is less than 12 feet in length and has a horsepower rating of fi…

Sec. 31.042. CANCELLATION OF CERTIFICATES OF NUMBER; GROUNDS. (a) A certificate of number may be cancelled and the identification number voided by the department even though the action occurs before the expiration date on the certificate and even though the certificate is not sur…

Sec. 31.043. MANUFACTURER'S IDENTIFICATION NUMBER. (a) All vessels manufactured in Texas for sale and all vessels sold, numbered, or titled in Texas shall carry a manufacturer's hull identification number clearly imprinted on the structure of the vessel or displayed on a plate pe…

Sec. 31.044. INSPECTIONS. (a) A dealer, distributor, or manufacturer may not refuse to allow the department or a peace officer to inspect a vessel, outboard motor, or records relating to the possession, origination, ownership, or transfer of a vessel or outboard motor at a dealer…

Sec. 31.0445. DEFINITIONS. In this subchapter: (1) "Barge" means a vessel that is not self-propelled or fitted for propulsion by sail, paddle, oar, or similar device. (2) "Builder's certificate" means a certificate of the facts of build of a vessel described in 46 C.F.R. Section …

Sec. 31.045. OWNERSHIP OF VESSELS AND OUTBOARD MOTORS; CERTIFICATES OF TITLE. (a) The ownership of a vessel or of an outboard motor is evidenced by a certificate of title issued by the department, unless the vessel or the outboard motor is new. Text of subsection effective until …

Sec. 31.046. APPLICATION FOR CERTIFICATE OF TITLE. Text of subsection effective until January 01, 2028 (a) Except as provided in Subsections (b) and (c) of this section, the purchaser of a vessel or an outboard motor shall apply to the department or to a county tax assessor-colle…

Sec. 31.0465. APPEAL REGARDING CERTIFICATE OF TITLE; BOND; RULES. (a) An applicant for a certificate of title under Section 31.046 may appeal the department's refusal to issue the title by filing a bond with the department as provided by this section. (b) A bond filed under this …

Sec. 31.0466. TITLE FOR ABANDONED VESSEL; BOND. (a) A person may apply for a certificate of title for an abandoned vessel or outboard motor found on the person's property. (b) The department may cancel the certificate for the abandoned vessel or outboard motor and issue a new cer…

Sec. 31.047. APPLICATION; FORM AND CONTENT; FEE. (a) A person may apply for a certificate of title on a form prescribed by the department. Text of subsection effective until January 01, 2028 (b) The form must contain: (1) the owner's name, address, and owner identifier as prescri…

Sec. 31.048. FEE. (a) The fee for the issuance of a certificate of title or for the notation of a security interest, lien, or other encumbrance is $5 or an amount set by the commission, whichever amount is more, and is treated as fees collected under Section 31.026 of this code. …

Sec. 31.0485. ISSUANCE, REJECTION, AND CANCELLATION OF CERTIFICATE OF TITLE. (a) Unless an application for a certificate of title is rejected under Subsection (c) or (d), the department shall issue a certificate of title for the vessel or outboard motor in accordance with Subsect…

Sec. 31.049. FORM OF CERTIFICATE OF TITLE. Text of subsection effective until January 01, 2028 (a) A certificate of title must be on a form prescribed by the department and must contain: (1) the name and address of the owner of the vessel or outboard motor; (2) the name of the ow…

Sec. 31.050. FORM OF MANUFACTURER'S AND IMPORTER'S CERTIFICATE OF ORIGIN. (a) A manufacturer's or importer's certificate of origin must include: (1) a description of the vessel or outboard motor as required by Section 31.047(b)(2); (2) the name and place of construction or other …

Sec. 31.0505. HULL DAMAGED TITLE BRAND. (a) Unless Subsection (b) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title issued by the department, if the damage occurred while that pers…

Sec. 31.051. REPLACEMENT CERTIFICATES OF TITLE. The department shall provide by regulation for the replacement of certificates of title. Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff. Sept. 1, 1977. Amended by: Acts 2025, 89th Leg., R.S., Ch. 185 (S.B. 1267), Se…

Sec. 31.052. SECURITY INTEREST LIENS. Text of subsection effective until January 01, 2028 (a) Except as provided by this section and Section 31.050(c), and except for statutory liens, security interests in a vessel or outboard motor shall be noted on the certificate of title of t…

Sec. 31.053. TRANSFERS OF VESSELS AND OUTBOARD MOTORS. Text of subsection effective until January 01, 2028 (a) No person may sell, assign, transfer, or otherwise dispose of an interest in a vessel or an outboard motor without: (1) if the transferee is not a manufacturer or a deal…

Sec. 31.055. EXCEPTIONS. This subchapter does not apply to: (1) a vessel with a valid marine document issued by the United States Coast Guard's National Vessel Documentation Center or a federal agency that is a successor to the National Vessel Documentation Center; (2) a foreign-…

Sec. 31.056. FEE EXEMPTION FOR GOVERNMENT VESSELS AND OUTBOARD MOTORS. A fee imposed by this chapter does not apply to a vessel or outboard motor purchased by, owned by, or used exclusively in the service of this state, a political subdivision of this state, or the federal govern…

Sec. 31.0563. RECORDS. (a) For each record relating to a certificate of title submitted to the department, the department shall maintain a file that includes: (1) the hull identification number of the vessel or the serial number of the outboard motor; (2) all the information subm…

Sec. 31.0565. EFFECT OF CERTIFICATE OF TITLE ON INFORMATION IN CERTIFICATE. A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate. Added by Acts 2025, 89th Leg., R.S., Ch. 185 (S.B. 1267), Sec. 21, eff. Ja…

Sec. 31.0567. EFFECT OF POSSESSION OF CERTIFICATE OF TITLE; JUDICIAL PROCESS. Possession of a certificate of title does not provide a right to obtain possession of a vessel or outboard motor. Garnishment, attachment, levy, replevin, or other judicial process against the certifica…

Sec. 31.0569. PERFECTION OF SECURITY INTEREST. (a) A security interest in a vessel or outboard motor may be perfected only by delivery to the department of an application for a certificate of title that identifies the secured party and otherwise complies with Section 31.049. The …

Sec. 31.057. TERMINATION STATEMENT. (a) A secured party indicated in the files of the department as having a security interest in a vessel or outboard motor shall deliver a termination statement to the department and, on the debtor's request, to the debtor, not later than the ear…

Sec. 31.0573. EFFECT OF MISSING OR INCORRECT INFORMATION. Except as otherwise provided by Section 9.337, Business & Commerce Code, a certificate of title or other record required or authorized by this chapter is effective, regardless of whether it contains incorrect information o…

Sec. 31.0575. TRANSFER OF OWNERSHIP BY SECURED PARTY'S TRANSFER STATEMENT. (a) In this section, "secured party's transfer statement" means a record signed by the secured party of record stating: (1) there has been a default on an obligation secured by the vessel or outboard motor…

Sec. 31.0577. TRANSFER BY OPERATION OF LAW. (a) In this section: (1) "By operation of law" means, with respect to a vessel or outboard motor, in accordance with a law or judicial order affecting ownership of the vessel or outboard motor: (A) because of death, divorce or other fam…

Sec. 31.0579. APPLICATION FOR TERMINATION OF SECURITY INTEREST WITHOUT CERTIFICATE OF TITLE. (a) Except as provided by Sections 31.0575 and 31.0577, if the department receives, unaccompanied by a signed certificate of title, an application for a new certificate of title that incl…

Sec. 31.058. RIGHTS OF PURCHASER OTHER THAN SECURED PARTY. (a) In this section, "buyer in ordinary course of business" has the meaning assigned by Section 1.201, Business & Commerce Code. (b) A buyer in ordinary course of business has the protections afforded by Sections 2.403(b)…

Sec. 31.0582. RIGHTS OF SECURED PARTY. (a) In this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. (b) Subject to Subsection (c), the effect of perfection and nonperfection of a security interest and the priority …

Sec. 31.061. UNIFORMITY OF EQUIPMENT REGULATIONS; STATE POLICY. It is the policy of the state that all equipment rules and regulations enacted under the authority granted in this chapter be uniform and consistent with the equipment provisions of this chapter. Acts 1975, 64th Leg.…

Sec. 31.062. OPERATION OF VESSELS WITHOUT REQUIRED EQUIPMENT PROHIBITED. No person may operate or give permission for the operation of a vessel that is not provided with the equipment required by this chapter. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

Sec. 31.063. CLASSES OF MOTORBOATS. Motorboats subject to the provisions of this chapter are divided into four classes according to length as follows: Class A. Less than 16 feet in length. Class 1. 16 feet or over and less than 26 feet in length. Class 2. 26 feet or over and less…

Sec. 31.064. LIGHTS. A vessel or motorboat when not at dock must have and exhibit at least one bright light, lantern, or flashlight from sunset to sunrise in all weather. A vessel or motorboat when underway between sunset and sunrise in all weather must have and exhibit the light…

Sec. 31.065. SOUND-PRODUCING DEVICES. A motorboat must have an efficient whistle or other sound-producing device if one is required by the commandant of the Coast Guard. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 422, …

Sec. 31.066. LIFE PRESERVING DEVICES. (a) A motorboat, including a motorboat carrying passengers for hire, must carry at least one wearable personal flotation device of the sort prescribed by the regulations of the commandant of the Coast Guard for each person on board, so placed…

Sec. 31.067. FIRE EXTINGUISHERS. (a) A motorboat must have the number, size, and type of fire extinguishers prescribed by the commandant of the Coast Guard. (b) The fire extinguishers must be capable of promptly and effectively extinguishing burning gasoline. They must be kept in…

Sec. 31.068. FLAME ARRESTORS; BACKFIRE TRAPS. A motorboat must have the carburetor or carburetors of every engine using gasoline as fuel, except outboard motors, equipped with an efficient flame arrestor, backfire trap, or other similar device prescribed by the regulations of the…

Sec. 31.069. VENTILATORS. Each motorboat and vessel, except an open boat, using as fuel any liquid of a volatile nature must have the equipment prescribed by the commandant of the Coast Guard designed to ventilate properly and efficiently the bilges of the engine and fuel tank co…

Sec. 31.070. EXHAUST WATER MANIFOLD; MUFFLER. A motorboat operating on the water of this state must have an exhaust water manifold or a factory-type muffler installed on the engine. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.