Texas Attorney General Opinion: JM-1219 Page: 1 of 3
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THE ATTORNEY GENERAL
OF TEXAS
Jin MATTOX September 11, 1990
ATTONEY GENERAL
Mr. Andrew Sansom Opinion No. JM-1219
Executive Director
Texas Parks and Wildlife Re: Authority of the Parks
Department and Wildlife Department to
4200 Smith School Road accept an affidavit in lieu
Austin, Texas 78744 of a certificate of title for
a boat (RQ-2043)
Dear Mr. Sansom:
Your predecessor asked us to render an opinion about
issuance of a new certificate of title for a motorboat that
is already covered by a certificate of title when the
applicant cannot produce the existing certificate of title
endorsed by the transferor. Specifically, you ask whether
the Parks and Wildlife Department may issue a certificate of
title based on an affidavit in which the applicant explains
the missing certificate of title.
The ownership of a motorboat, other than a new
motorboat, is evidenced by a certificate of title issued by
the department. Parks and Wildlife Code 31.045. A
purchaser of a motorboat must apply for a certificate of
title not later than 20 days after the sale. Id.
31.046(a). An application for a certificate of title must
be accompanied by information showing ownership and evidence
establishing that the applicant is entitled to a certificate
of title. Id. 31.047.
Section 31.053 of the Parks and Wildlife Code governs
the transfer of motorboats. Section 31.049(e) provides as
follows:
Title may be transferred only by surrender
of the original certificate of title properly
endorsed to show the transfer or by evidence
of an involuntary transfer as defined in
Subdivision (5) of Subsection (a) of Section
31.053, as amended. (Emphasis added.)
See also Parks and Wildlife Code 31.053 (setting out
exclusive methods for transferring ownership of motorboats);
Attorney General Opinion MW-458 (1982). In other words, ifp. 6445
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1219, text, September 11, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273657/m1/1/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.