Texas § PW.31.047 - APPLICATION

§ PW.31.047. APPLICATION

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 prescribed by 33 C.F.R. Section 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 Section 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. Text of subsection effective on January 01, 2028 (b) The form must contain: (1) the owner's name, principal residence address, mailing address, and owner identifier as prescribed by 33 C.F.R. Section 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, motor number, outdrive number, primary operation purpose, vessel type, propulsion type, engine drive type, fuel type, 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 Section 160.042 , Tax Code; (7) if the application is for a vessel: (A) a statement that the vessel is not a documented vessel or a foreign-documented vessel; and (B) a statement that the vessel is hull damaged, if the applicant knows that the vessel is hull damaged; (8) if previously titled or registered: (A) transferor's name and address; (B) when applicable, name of the state in which the vessel or outboard motor was previously titled or registered; and (C) any title brand known to the applicant and, if known, the jurisdiction under whose law the title brand was designated; and (9) 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. Text of subsection effective until January 01, 2028 (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 Section 31.053 , as amended, which may be in affidavit form attaching copies of any pertinent underlying documents; or (12) other documents. Text of subsection effective on January 01, 2028 (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 of origin; (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 by Section 31.053 (b), which may be in affidavit form attaching copies of any pertinent underlying documents; (12) if the vessel was a documented vessel, a record issued by the Coast Guard that shows the vessel is no longer documented and identifies the applicant as the owner, or is accompanied by a record that identifies the applicant as the owner; (13) if the vessel was a foreign-documented vessel, a record issued by the foreign country that shows the vessel is no longer a foreign-documented vessel and identifies the applicant as the owner, or is accompanied by a record that identifies the applicant as the owner; or (14) other documents. (d) An application for a certificate of title must be accompanied by the fee required by Section 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 Section 31.048 of this code as determined periodically by the department based on regulations the department shall establish. Text of subsection effective until January 01, 2028 (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. Text of subsection effective on January 01, 2028 (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, or an amount set by the commission, whichever is greater, 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. Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 4060, ch. 636, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 1013, Sec. 1, eff. June 19, 1987; Acts 1989, 71st Leg., ch. 498, Sec. 1, eff. Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(22), eff. Sept. 6, 1990; Acts 1993, 73rd Leg., ch. 450, Sec. 17, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1099, Sec. 2, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 529 (H.B. 943 ), Sec. 1, eff. June 17, 2005. Acts 2013, 83rd Leg., R.S., Ch. 286 (H.B. 1106 ), Sec. 5, eff. September 1, 2013. Acts 2025, 89th Leg., R.S., Ch. 185 (S.B. 1267 ), Sec. 11, eff. January 1, 2028. 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. (b) If the fee is collected by a county tax assessor-collector, the tax assessor-collector shall retain 10 percent of the fee collected and send the remainder to the department. The amount retained by the tax assessor-collector shall be deposited to the credit of the officers salary fund of the county to be used for the sole purpose of paying the salaries of persons issuing vessel and outboard motor certificates of title. Added by Acts 1977, 65th Leg., p. 1253, ch. 484, Sec. 1(e), eff. Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1259, ch. 484, Sec. 9, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1353, ch. 607, Sec. 5, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1328, ch. 277, Sec. 6, eff. Sept. 1, 1983.; Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 6, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, Sec. 18, eff. Sept. 1, 1993. Text of section effective on January 01, 2028