HBA-NLM C.S.H.B. 3462 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3462
By: Alexander
State Recreational Resources
4/8/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires specified vessels to carry a manufacturer's hull
identification number (HIN), and  authorizes the Parks and Wildlife
Department (department) to issue a HIN to those vessel which are not
required by law to carry one.  Many outboard motor manufacturers place a
serial number on each motor, although they are not required by law to do
so. Tampering with a HIN or an outboard motor serial number is prohibited
and an owner is required to file a sworn statement with the department
proving legal ownership of a vessel if the vessel's  HIN or outboard motor
serial number has been tampered with. 

C.S.H.B. 3462 requires all vessels manufactured in Texas for sale and all
vessels sold, numbered, or titled in Texas to carry a manufacturer's hull
identification number and provides  that no person may intentionally or
knowingly destroy, remove, alter, cover, or deface an outboard motor serial
number or hull serial number issued by the department.  This bill does not
apply these provision to vessels 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 Documentation Center In
addition, this bill provides that a statement is required, and must be
accompanied by a fee of $25 and a certificate from a game warden
commissioned by the department, that the vessel or outboard motor has been
inspected by the officer and appears to be as applied for. On receipt of
the statement, the department is required to enter the information in its
records and to issue to the applicant a hull identification number or
outboard motor serial number. 


RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.043, Parks and Wildlife Code, as follows:

Sec. 31.043.  MANUFACTURER'S IDENTIFICATION NUMBER.  (a) Requires all
vessels manufactured in Texas for sale and all vessels sold, numbered, or
titled in Texas to carry a manufacturer's hull identification number in the
manner provided by this subsection. Provides that this section does not
apply to a vessel that is not required by the United States Coast Guard to
have a hull identification number, except as required to comply with
Section 31.024 (Application for Number) or 31.047 (Application; Form and
Content; Fee).  

(b)  Authorizes the owner of a vessel that does not have, rather than not
required to carry, a manufacturer's hull identification number to file an
application for a  hull identification number with the Parks and Wildlife
Department (department) on approved forms. Specifies the necessary contents
of the application.  Provides for a fee of $25 and a certificate from a
game warden commissioned by the department stating that the vessel has been
inspected by the officer and appears to be as applied for.  Deletes the
provision relating to a $2 fee or an amount set by the commission,
whichever amount is more. 

(c)  Provides that no person may intentionally or knowingly destroy,
remove, alter, cover,  or deface an outboard motor serial number or hull
serial number issued by the department. 

(d)  Provides that the statement required by this subsection, must be
accompanied by a fee of $25 and a certificate from a game warden
commissioned by the department that the vessel or outboard motor has been
inspected by the officer and appears to be as applied for.  Requires the
department, on receipt of the statement in approved form, to enter the
information on records of its office, and to issue to the applicant a hull
identification number or outboard motor serial number. 

(e)  Provides that this section does not apply to vessels 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. 

SECTION 2.  Amends Section 31.047(f), Parks and Wildlife Code, as follows:

(f)  Provides that an application for a certificate of title on a homemade
vessel must be accompanied by a certificate from a game warden commissioned
by the department, rather than a peace officer, as defined in the Code of
Criminal Procedure, that the vessel has been inspected. Requires the
applicant to pay a fee of $25 to the department, rather than the employer
of the peace officer, for this inspection. 

SECTION 3.  Amends Section 31.055, Parks and Wildlife Code, to make
conforming changes. 

SECTION 4.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 5.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3462 modifies the original in the caption to clarify that this
bill relates to the identification of vessels without identification
numbers and outboard motors without serial numbers. 

C.S.H.B. 3462  modifies the original in SECTION 1 (Section 31.043, Parks
and Wildlife Code) by providing that this section does not apply to a
vessel that is not required by the United States Coast Guard to have a hull
identification number, except as required to comply with Section 31.024
(Application for Number) or 31.047 (Application; Form and Content; Fee).
This substitute modifies the original by adding a new Subsection (e) to
provide that this section does not apply to vessels 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 Documentation Center. 

C.S.H.B. 3462 modifies the original by adding a new SECTION 3 (Section
31.055, Parks and Wildlife Code, to make conforming changes. 

Redesignates SECTIONS 3 and 4 (effective date, emergency clause) of the
original to SECTIONS 4 and 5 in the substitute.