31 Tex. Admin. Code § 53.100 - Bonded Title-Acceptable Situations
(a) A bonded title situation exists when
complete documentation cannot be provided or obtained by an applicant
requesting title, registration or ownership transfer of a vessel or outboard
motor. The applicant may appeal the department's refusal to issue a certificate
of title by applying for consideration of a bonded title. The department will
accept applications for bonded title as provided in Parks and Wildlife Code, §
31.0465.
(b) Bonded titles may be used in situations
where the applicant is unable to produce complete documentation required by the
department in order to title or transfer ownership of a vessel or outboard
motor. Acceptable situations regarding the filing and award of a bonded title
situation will apply where a complete history of ownership for a vessel or
outboard motor cannot be produced by the applicant and the department has
determined that the customer is unable to provide the history. Missing
ownership documentation may consist of a certificate of title, bill of sale,
invoice, or tax affidavit signed by the owner of record, or authority to handle
a deceased person's estate. The inability to obtain the required documentation
from the previous owner(s) or applicable lien holders must be evidenced by one
of the following:
(1) notice of verified
mail, as defined in Property Code, §
59.043(c),
as mail considered delivered when the notice, properly addressed with postage
prepaid, is deposited with the United States Postal Service or a common
carrier;
(2) proof of returned
certified mail; or
(3) the lack of
any known addresses for a previous owner.
(c) The department shall not under any
circumstances issue a bonded title if the applicant does not have any proof of
payment, ownership transfer or other related documentation to support a claim
of ownership, unless the vessel or outboard motor is determined to be
abandoned, as defined by Parks and Wildlife Code, §
31.003.
(d) For a bonded title situation involving an
abandoned vessel or outboard motor, the requirements of this subsection apply,
in addition to any other requirements of this section or Parks and Wildlife
Code, Chapter 31, Subchapters B and B-1.
(1)
The applicant shall send notice via certified mail to a law enforcement agency,
as defined in Transportation Code, §
683.001(3),
in whose jurisdiction the property on which the abandoned vessel or outboard
motor is located. The notice shall be on a form provided or prescribed by the
department. The applicant shall provide a copy of the completed form and
evidence of certified mailing to the department at the time the application for
bonded title is submitted. The agency receiving the notification shall notify
the applicant within 30 days of receipt of the notice of any intent to remove
the vessel or outboard motor under the provisions of Transportation Code, §
683.011.
(2) The department shall publish public
notice of a qualified application for title to an abandoned vessel or outboard
motor for a period of six consecutive months on the department's website. The
publication shall take place within 10 days of receipt of the application by
the department.
(A) If there is a documented
claim of interest by a recorded owner or lien holder adverse to the applicant,
the department shall not issue a title until the issue is resolved. The parties
may apply to a court of competent jurisdiction for resolution.
(B) If there is no claim of interest, the
applicant may proceed with consideration of the bonded title upon expiration of
the six-month posting period.
(3) The department may employ the
department's Boat Registration Information and Titling System (BRITS) and the
Vessel Identification System (VIS) operated by the United States Coast Guard to
determine the most recent owner of record of a vessel or outboard
motor.
Notes
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