Texas Parks and Wildlife Code 31.047 – Application; Form and Content; Fee
(a) A person may apply for a certificate of title on a form prescribed by the department.
(b) The form must contain:
(1) the owner’s name, address, and owner identifier as prescribed by 33 C.F.R. § 174.17;
(2) a description of the vessel or outboard motor, including, as appropriate, the manufacturer, make, model, year, length, construction material, manufacturer’s or builder’s number, hull identification number (HIN), motor number, outdrive number, primary operation purpose, vessel type, propulsion type, engine drive type, fuel, and horsepower;
(3) name and address of purchaser;
(4) date of purchase;
(5) name and address of any security interest owner;
(6) the appropriate affidavit as required by § 160.042, Tax Code; and
(7) other information required by the department to show the ownership of the vessel or outboard motor, a security interest in the vessel or outboard motor, or a further description of items listed in the subdivision.
Terms Used In Texas Parks and Wildlife Code 31.047
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Probate: Proving a will
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The application must be accompanied by other evidence reasonably required by the department to establish that the applicant or other person is entitled to a certificate of title or a noted security interest. The evidence may include:
(1) a certificate of title issued by another state or jurisdiction;
(2) a manufacturer’s or importer’s certificate;
(3) a bill of sale, assignment, or contract;
(4) a promissory note;
(5) a security agreement;
(6) an invoice;
(7) a bill of lading;
(8) an affidavit;
(9) a probate or heirship proceeding or information;
(10) a judgment of a court of competent jurisdiction;
(11) evidence of an involuntary transfer as defined in Subdivision (5) of Subsection (a) of § 31.053, as amended, which may be in affidavit form attaching copies of any pertinent underlying documents; or
(12) other documents.
(d) An application for a certificate of title must be accompanied by the fee required by § 31.048 of this code.
(e) The department shall be authorized to issue certificates of title on an accelerated basis upon the payment of a fee in addition to the fees provided in § 31.048 of this code as determined periodically by the department based on regulations the department shall establish.
(f) An application for a certificate of title on a homemade vessel, the origin of which is based on the affidavit of the person building the vessel, proof of materials incorporated into the vessel, and the like, must be accompanied by a certificate from a game warden commissioned by the department that the vessel has been inspected by such officer and appears to be as applied for. The applicant shall pay a fee of $25 to the department for this inspection.
(g) If administration of an estate is not required by law, an affidavit submitted under Subsection (c) must include:
(1) a showing that the administration is not required;
(2) identification of all heirs; and
(3) a statement by the heirs of the name in which to issue the certificate.