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Tex. Parks & Wild. Code § 31.0445

DEFINITIONS

Known as the Water Safety Act

The act spans §§ 31.001 to 31.180 (123 sections).

Added by Acts 2025, 89th Leg., R.S., Ch. 185 (S.B. 1267), Sec. 8, eff

In this subchapter:

(1) "Barge" means a vessel that is not self-propelled or fitted for propulsion by sail, paddle, oar, or similar device.

(2) "Builder's certificate" means a certificate of the facts of build of a vessel described in 46 C.F.R. Section 67.99.

(3) "Buyer" includes, with respect to a vessel or outboard motor, a person who contracts to buy the vessel or outboard motor.

(4) "Certificate of origin" means a record created by a manufacturer or importer as proof of identity of a vessel or outboard motor. The term includes a manufacturer's certificate or statement of origin and an importer's certificate or statement of origin. The term does not include a builder's certificate.

(5) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code.

(6) "Documented vessel" means a vessel covered by a certificate of documentation issued under 46 U.S.C. Section 12105. The term does not include a foreign-documented vessel.

(7) "Electronic certificate of title" means a certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form.

(8) "Foreign-documented vessel" means a vessel the ownership of which is recorded in a registry maintained by a country other than the United States that identifies each person that has an ownership interest in the vessel and includes a unique alphanumeric designation for the vessel.

(9) "Hull damaged" means, with respect to a vessel:

(A) the integrity of the vessel's hull is compromised by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence; or

(B) the sinking of the vessel in a manner that creates a significant risk to the integrity of the vessel's hull.

(10) "Lease" and "lessor" have the meanings assigned by Section 2A.103, Business & Commerce Code.

(11) "Lien creditor" has the meaning assigned by Section 9.102, Business & Commerce Code.

(12) "Notice" has the meaning assigned by Section 1.202, Business & Commerce Code.

(13) "Secured party" means, with respect to a vessel or outboard motor, a person:

(A) in whose favor a security interest is created or provided for under a security agreement, regardless of whether any obligation to be secured is outstanding;

(B) who is a consignor under Chapter 9, Business & Commerce Code; or

(C) who holds a security interest arising under Section 2.401, 2.505, 2.711(c), or 2A.508(e), Business & Commerce Code.

(14) "Secured party of record" means the secured party whose name is indicated as the name of the secured party in the files of the department or, if the files indicate more than one secured party, the one first indicated.

(15) "Title brand" means a designation of previous damage, use, or condition that must be indicated on a certificate of title.

(16) "Transfer of ownership" means a voluntary or involuntary conveyance of an interest in a vessel or an outboard motor.

(17) "Written certificate of title" means a certificate of title consisting of information inscribed on a tangible medium.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.