82R9910 JAM-D
By: Harper-Brown H.B. No. 3297
A BILL TO BE ENTITLED
AN ACT
relating to the registration and titling of motorboats, vessels,
and outboard motors by the Texas Department of Motor Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.032(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The department shall deposit to the credit of the game,
fish, and water safety account all revenue, less allowable costs,
from the following sources:
(1) all types of fishing licenses and stamps and
shrimping licenses, except as provided by Section 77.120;
(2) all types of hunting licenses and stamps;
(3) trapping licenses and other licenses relating to
the taking, propagation, and sale of fur-bearing animals or their
pelts;
(4) sale of marl, sand, gravel, shell, and mudshell;
(5) oyster bed rentals and permits;
(6) federal funds received for fish and wildlife
research, management, development and conservation, resource
protection, and law enforcement, unless the funds are received for
the specific purposes of Subchapter F, Chapter 77 ;
(7) sale of property, less advertising costs,
purchased from this account or a special fund or account that is now
part of this account;
(8) fines and penalties collected for violations of a
law pertaining to the protection and conservation of wild birds,
wild fowl, wild animals, fish, shrimp, oysters, game birds and
animals, fur-bearing animals, alligators, and any other wildlife
resources of this state;
(9) sale of rough fish by the department;
(10) fees for importation permits;
(11) fees from supplying fish for or placing fish in
water located on private property;
(12) sale of seized pelts;
(13) sale or lease of grazing rights to and the
products from game preserves, sanctuaries, and management areas;
(14) contracts for the removal of fur-bearing animals
and reptiles from wildlife management areas;
(15) [vessel registration fees;
[(16) vessel manufacturer or dealer licensing fees;
[(17)] fines or penalties imposed by a court for
violation of water safety laws contained in Chapter 31 [of this
code];
(16) [(18)] alligator hunter's or alligator buyer's
licenses;
(17) [(19)] sale of alligators or any part of an
alligator by the department;
(18) [(20)] fees and revenue collected under Section
11.027(b) or (c) of this code that are associated with the
conservation of fish and wildlife; and
(19) [(21)] any other source provided by law[; and
[(22) vessel and outboard motor titling fees].
SECTION 2. Section 31.006, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Notwithstanding Section 11.001, in this section:
(1) "Commission" means the Texas Department of Motor
Vehicles.
(2) "Department" means the Texas Department of Motor
Vehicles.
(a-1) The department may authorize a dealer who holds a
dealer's or manufacturer's number to act as the agent of the
department under Subchapter B of this chapter and under Chapter
160, Tax Code, for the issuance of certificates of number and the
collection of fees and taxes for boats sold by that dealer.
SECTION 3. The heading to Section 31.021, Parks and
Wildlife Code, is amended to read as follows:
Sec. 31.021. DEFINITIONS; REQUIRED NUMBERING.
SECTION 4. Section 31.021, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Notwithstanding Section 11.001, in this subchapter:
(1) "Commission" means the Texas Department of Motor
Vehicles.
(2) "Department" means the Texas Department of Motor
Vehicles.
(a-1) Each vessel on the water of this state shall be
numbered in accordance with the provisions of this chapter unless
specifically exempted. The numbering system shall be in accord with
the Federal Boating Act of 1958 and subsequent federal legislation.
SECTION 5. The heading to Section 31.045, Parks and
Wildlife Code, is amended to read as follows:
Sec. 31.045. DEFINITIONS; OWNERSHIP OF VESSELS AND OUTBOARD
MOTORS; CERTIFICATES OF TITLE.
SECTION 6. Section 31.045, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Notwithstanding Section 11.001, in this subchapter:
(1) "Commission" means the Texas Department of Motor
Vehicles.
(2) "Department" means the Texas Department of Motor
Vehicles.
(a-1) 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.
SECTION 7. Section 160.001(4), Tax Code, is amended to read
as follows:
(4) "Department" means the Texas Department of Motor
Vehicles [Parks and Wildlife Department].
SECTION 8. Section 11.032(c), Parks and Wildlife Code, is
repealed.
SECTION 9. (a) Not later than January 1, 2012, the
following are transferred from the Parks and Wildlife Department to
the Texas Department of Motor Vehicles:
(1) the powers, duties, functions, programs, and
activities of the Parks and Wildlife Department relating to the
registration and titling of motorboats, vessels, and outboard
motors and the licensing of manufacturers, dealers, and
distributors under Section 31.006, Parks and Wildlife Code, and
Subchapters B and B-1, Chapter 31, Parks and Wildlife Code, as
amended by this Act;
(2) any obligations and contracts of the Parks and
Wildlife Department that are directly related to implementing a
power, duty, function, program, or activity transferred under this
subsection; and
(3) all property and records in the custody of the
Parks and Wildlife Department that are related to a power, duty,
function, program, or activity transferred under this subsection
and all funds appropriated by the legislature for that power, duty,
function, program, or activity.
(b) The Parks and Wildlife Department and the Texas
Department of Motor Vehicles may agree by memorandum of
understanding to transfer to the Texas Department of Motor Vehicles
any personnel of the Parks and Wildlife Department whose functions
predominantly involve powers, duties, obligations, functions, and
activities related to the registration and titling of motorboats,
vessels, and outboard motors and the licensing of manufacturers,
dealers, and distributors under Section 31.006, Parks and Wildlife
Code, and Subchapters B and B-1, Chapter 31, Parks and Wildlife
Code, as amended by this Act.
(c) A rule or form adopted by the Parks and Wildlife
Department that relates to a power, duty, function, program, or
activity transferred under Subsection (a) of this section is a rule
or form of the Texas Department of Motor Vehicles and remains in
effect until altered by the Texas Department of Motor Vehicles.
(d) A reference in law to the Parks and Wildlife Department
that relates to a power, duty, function, program, or activity
transferred under Subsection (a) of this section means the Texas
Department of Motor Vehicles.
SECTION 10. The Parks and Wildlife Department and the Texas
Department of Motor Vehicles shall enter into a memorandum of
understanding that:
(1) identifies in detail the applicable powers and
duties that are transferred by this Act; and
(2) establishes a plan for the identification and
transfer of the records, personnel, property, and unspent
appropriations of the Parks and Wildlife Department that are used
for purposes of the Parks and Wildlife Department's powers and
duties directly related to the registration and titling of
motorboats, vessels, and outboard motors and the licensing of
manufacturers, dealers, and distributors under Section 31.006,
Parks and Wildlife Code, and Subchapters B and B-1, Chapter 31,
Parks and Wildlife Code, as amended by this Act.
SECTION 11. This Act takes effect September 1, 2011.