Surety Bond Encyclopedia

Lost Title (Boat) Bond - Statewide in Texas

Brief Summary

Texas boat and outboard motor titles are issued by the Texas Parks and Wildlife Department, not the DMV. When you have the boat but cannot get a properly assigned title, TPWD can issue a title once you file a bond equal to one and one-half times the value the department sets. If no claim is pending after three years, the bond is returned and a certificate of title is issued.

Texas Parks and Wildlife Code section 31.0465 lets an applicant whose boat or outboard motor title application was refused appeal by filing a bond with the Texas Parks and Wildlife Department. The bond must be on the form TPWD prescribes, executed by the applicant, issued by a surety authorized to do business in Texas, and set at one and one-half times the value of the vessel or outboard motor as determined by the department. It expires on the third anniversary of its effective date.

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How to Apply for a Lost Title (Boat) Bond:

Complete form PWD 388 and gather the supporting documents listed in its instructions.
Mail the packet to TPWD headquarters in Austin for bonded title review, with no fees enclosed.
Wait for TPWD's decision and the value it determines for the boat or outboard motor.
Obtain a bond for one and one-half times that value on TPWD's prescribed form.
Sign the bond as principal and file it with TPWD to complete the title.

Detailed Information About the Texas Lost Title (Boat) Bond:

Replacement title or bonded title

If the boat title is in your name and has been lost or destroyed, TPWD replaces it with form PWD 143M, Vessel/Boat Records Maintenance, at a TPWD office or participating county tax office. Online replacement is also available, though not for vessels with a recorded lienholder. Outboard motors use PWD 144M. The bond comes in when a properly assigned title or the required legal documentation cannot be obtained. That is TPWD's bonded title process.

How the review works

The process starts with form PWD 388, Statement of Fact for Boat and/or Outboard Motor Bonded Title Review. The completed form and supporting documents are mailed to TPWD headquarters in Austin, which reviews the circumstances and decides whether a bonded title is appropriate. Applications are processed in the order received, and no fees go in with this form. Boats abandoned on private property for more than seven days go through a separate review on form PWD 1344.

Bond amount and conditions

Section 31.0465 sets the bond at one and one-half times the value of the vessel or outboard motor as determined by the department. The bond must be on the department's prescribed form, executed by the applicant and issued by a surety authorized in Texas. It protects all prior owners and lienholders and all subsequent purchasers, and the surety's total liability to everyone cannot exceed the bond amount.

TPWD may issue the title to the person filing the bond if the applicant proves that the vessel or motor is not stolen and that issuing the title would not defraud the owner or a lienholder.

After three years

The bond expires on the third anniversary of the date it became effective. TPWD then returns the expired bond unless it has been notified of a pending action to recover on it, and on return it issues a certificate of title to the person who receives the bond.

Eligibility and Requirements for a Texas Lost Title (Boat) Bond:

Bond amount of one and one-half times the value determined by TPWD.
Surety authorized to conduct surety business in Texas.
Bond on the form prescribed by the department and executed by the applicant.
Proof the vessel or motor is not stolen and that the title will not defraud an owner or lienholder.
Three-year bond term from the effective date.

Texas Lost Title (Boat) Bond FAQs:

My boat title is just lost. Is this the bond I need?

If the title was issued in your name, TPWD replaces it with form PWD 143M. The bond is part of the bonded title process, used when a properly assigned title or the required legal documentation cannot be obtained. Confirm with TPWD which applies before the bond is issued.

Who sets the bond amount?

TPWD. Section 31.0465 requires a bond equal to one and one-half times the value of the vessel or outboard motor as determined by the department.

Does this cover an outboard motor too?

Yes. Section 31.0465 applies to both vessels and outboard motors, and form PWD 388 is used for a boat, an outboard motor or both.

What happens when the three years are up?

The bond expires on its third anniversary. TPWD returns it unless the department has been notified of a pending action to recover on the bond, and then issues a certificate of title to the person who receives it.

Who can make a claim on the bond?

Prior owners, lienholders and subsequent purchasers who suffer a loss covered by the bond's conditions. The surety's total liability to all of them cannot exceed the bond amount.