§ 31.0485 — ISSUANCE, REJECTION, AND CANCELLATION OF CERTIFICATE OF TITLE.

Texas § 31.0485

• Jurisdiction: Texas
• Code PW: Parks and Wildlife Code

Text

Text of section effective on January 01, 2028
Sec. 31.0485. ISSUANCE, REJECTION, AND CANCELLATION OF CERTIFICATE OF TITLE. (a) Unless an application for a certificate of title is rejected under Subsection (c) or (d), the department shall issue a certificate of title for the vessel or outboard motor in accordance with Subsection (b) not later than the 20th day after the date the department receives an application that complies with this chapter.
(b) If the department issues electronic certificates of title, the department shall issue an electronic certificate of title unless in the application the secured party of record or, if none, the owner of record, requests that the department issue a written certificate of title.
(c) Except as provided by Subsection (d), the department may reject an application for a certificate of title only if:
(1) the application does not comply with this chapter or other applicable law;
(2) the application does not contain documentation sufficient for the department to determine whether the applicant is entitled to a certificate of title; or
(3) the department finds a reasonable basis for concluding that the application is fraudulent or issuance of a certificate of title to the applicant would facilitate a fraudulent or illegal act.
(d) The department shall reject an application for a certificate of title for a vessel that is a documented vessel or a foreign-documented vessel.
(e) On issuance of a written certificate of title, the department promptly shall send the certificate of title to the secured party of record or, if none, to the owner of record, at the address indicated for that person in the files of the department. On issuance of an electronic certificate of title, the department promptly shall send a record evidencing the certificate of title to the owner of record and, if there is one, to the secured party of record, at the address indicated for that person in the files of the department. The department may send the record to the person's mailing address or, if indicated in the files of the department, an electronic address.
(f) If the department issues a written certificate of title for a vessel or outboard motor, any electronic certificate of title for the vessel or outboard motor is canceled and replaced by the written certificate of title. The department shall maintain in the files of the department the date and time of cancellation.
(g) Before the department issues an electronic certificate of title, any written certificate of title for the vessel or outboard motor must be surrendered to the department. If the department issues an electronic certificate of title, the department shall destroy or otherwise cancel the written certificate of title for the vessel or outboard motor that has been surrendered to the department and maintain in the files of the department the date and time of destruction or other cancellation. If a written certificate of title being canceled is not destroyed, the department shall indicate on the face of the certificate that it has been canceled.
(h) The department may cancel a certificate of title issued by the department only if the department:
(1) could have rejected the application for the certificate under Subsection (c);
(2) is required to cancel the certificate under this section or another provision of this chapter; or
(3) receives satisfactory evidence that the vessel is a documented vessel or a foreign-documented vessel.

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 185 (S.B. 1267 ), Sec. 12, eff. January 1, 2028.