Texas Parks and Wildlife Code 31.003 – Definitions
Terms Used In Texas Parks and Wildlife Code 31.003
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
In this chapter:
(1) “Boat” means a vessel not more than 65 feet in length, measured from the tip of the bow in a straight line to the stern.
(2) “Vessel” means any watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(3) “Motorboat” means any vessel propelled or designed to be propelled by machinery, whether or not the machinery is permanently or temporarily affixed or is the principal source of propulsion.
(4) “Owner” means the person who rightfully claims lawful possession of a vessel by virtue of the legal title or an equitable interest.
(5) “Water of this state” means any public water within the territorial limits of this state.
(6) “Operate” means to navigate or otherwise use a motorboat or a vessel.
(7) “Dealer” means a person engaged in the business of buying, selling, selling on consignment, displaying for sale, or exchanging at least five vessels, motorboats, or outboard motors during a calendar year.
(8) “Vessel livery” means a business establishment engaged in renting or hiring out vessels for profit.
(9) Repealed by Acts 1997, 75th Leg., ch. 1363, Sec. 12, eff. Sept. 1, 1997.
(10) “Reasonable time” means 15 days.
(11) “Manufacturer” means a person engaged in the business of manufacturing new and unused vessels and outboard motors for the purpose of sale or trade.
(12) “New” means every vessel or outboard motor after its manufacture and before its sale or other transfer to a person not a manufacturer or dealer.
(13) “Outboard motor” means any self-contained internal combustion propulsion system, excluding fuel supply, which is used to propel a vessel and which is detachable as a unit from the vessel.
(14) “Personal watercraft” means a type of motorboat that is specifically designed to be operated by a person or persons sitting, standing, or kneeling on the vessel rather than in the conventional manner of sitting or standing inside the vessel.
(15) “Authorized agent” means a dealer who is authorized by the department under § 31.006 of this code to collect taxes and fees and issue certificates of number.
(16) “Distributor” means a person who offers for sale, sells, or processes for distribution new vessels or outboard motors to dealers in this state.
(17) “Coast Guard” means the United States Coast Guard.
(18) “Abandoned vessel or outboard motor” means a vessel or outboard motor that has remained on private property without the consent of the owner or person in charge of the property for more than seven consecutive days.