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Form Example

Request to Skip Titling Requirement of Previous Owner(s) (PWD 1238)

This form should be completed by an applicant when they have purchased or acquired a boat or motor from a seller and the title is in the name of a prior owner (not the seller’s name). This form is subject to approval and should be submitted only when:

(1)the applicant is not a licensed marine dealer, and

(2)the applicant has obtained a written bill of sale from the seller, and

(3)either the title from the owner on record is signed on the back of the title or a signed statement of no financial interest from the owner on record can be submitted, and

(4)a clear progression of ownership can be determined through the documentation provided, and

(5)the previous (non-titled) owners cannot be reached or have refused to title the asset as required by state law.

The information supplied on this form may be used for collection of sales tax and follow-up enforcement of state law.

You must have a title with the listed owner’s signature on the back or Statement of No Financial Interest signed by the owner of record.

TX and/or Hull/Motor Serial Number(s): _______________________________________________________________________________________

Applicant Name:

 

Phone Number: (

)

Address:

 

City, State, Zip:

 

Bill of Sale Information

Date of Sale:

Sales Price (you paid):

List all the known previous owners, starting with the most current. If you do not know specific information, enter “unknown”.

I purchased or acquired the boat/motor from the following:

Name:

 

Phone Number: (

)

Address:

 

City, State, Zip:

 

Previous Owner Purchase Information

Date of Sale:

Sales Price (they paid):

I cannot contact previous owner (no phone number or address is available)

 

 

 

OR

 

 

 

 

Seller refused to title - Contact made or attempted by (check all that apply):

 

 

 

Phone (must include Ph# above)

Written Correspondence (attached)

Personal Conversations

Complete if applicable – the skipped owner (above) purchased or acquired boat/motor from the following (who is not owner on title):

Name:

 

Phone Number: (

)

Address:

 

City, State, Zip:

 

Previous Owner Purchase Information

Date of Sale:

Sales Price (they paid):

I cannot contact previous owner (no phone number or address is available)

 

 

 

OR

 

 

 

 

Seller refused to title - Contact made or attempted by (check all that apply):

 

 

 

Phone (must include Ph# above)

Written Correspondence (attached)

Personal Conversations

If additional owners need to be listed, please attach additional pages and check this box:

Owner on Texas Parks & Wildlife (or Out of State) Title or Registration (if registration only record) attached:

Name:

Phone Number: (

)

Address:

City, State, Zip:

 

I certify that the above information is true and correct to the best of my knowledge and have provided all supporting documentation available.

Applicant Signature

Printed Name

Date

WARNING: Falsifying information on documents is a punishable offence – Texas Penal Code Chapter 37, Section 37.10. Any person who knowingly makes a false entry in, or false alteration of a governmental record is guilty of a felony of the third degree, punishable by confinement in jail for any term of not more than 10 years or less than 2 years and punishable by a fine not to exceed $10,000.

Texas Parks and Wildlife Department maintains the information collected through this form. With few exceptions, you are entitled to be informed about the information we collect. Under Sections 552.021 and 552.023 of the Texas Government Code, you are also entitled to receive and review the information. Under Section 559.004, you are also entitled to have this information corrected.

Office Staff: Fax this form and all other supplemental documents to TPWD HQ-Boat section (512) 389-8323 for review and approval. TPWD LE offices may opt to have a LE office supervisor approve and sign off in lieu of faxing to the TPWD HQ-Boat Section. Once approved, this form must be submitted with the transaction paperwork for imaging. A copy should be made by office staff and put on top of batch documentation being mailed in. These copies will be collected for the purpose of follow-up enforcement.

Approval Signature

TPWD Office:

HQ-Boat Section

or

 

 

 

 

 

 

Printed Name

 

 

Date

 

 

 

 

 

 

TPWD LE Office Location (City): ____________________________

 

PWD 1238 – A0900 (06/10)

Common mistakes

  1. Incomplete Information: Many applicants fail to fill out all required fields. Missing information can delay the processing of your request.

  2. Incorrect Owner Information: Listing the wrong previous owner or failing to provide accurate details can lead to complications. Always double-check names and addresses.

  3. Insufficient Documentation: Not providing the necessary supporting documents, like the bill of sale or title, is a common mistake. Ensure you attach all required paperwork.

  4. Failure to Sign: Forgetting to sign the form can result in immediate rejection. Always review the form for your signature before submission.

  5. Ignoring Contact Attempts: Applicants often neglect to document their attempts to contact previous owners. Make sure to check all applicable boxes regarding contact efforts.

  6. Not Following Submission Guidelines: Some individuals do not adhere to the submission process outlined by the Texas Parks and Wildlife Department. Familiarize yourself with the required steps to avoid delays.

Key takeaways

When filling out and using the Texas PWD 1238 form, there are several important considerations to keep in mind:

  • Eligibility Requirements: Ensure you meet the criteria to use this form. You must not be a licensed marine dealer, have a written bill of sale, and be able to show a clear progression of ownership.
  • Documentation is Key: You need either a title with the previous owner’s signature or a signed Statement of No Financial Interest. This documentation is essential for the approval process.
  • Contact Attempts: If you cannot reach previous owners, document your attempts. Indicate whether you tried contacting them by phone, written correspondence, or personal conversations.
  • Sales Tax Implications: The information on this form may be used for the collection of sales tax. Be prepared for potential follow-up inquiries regarding state law compliance.
  • Falsification Consequences: Be aware that providing false information on this form can lead to serious legal repercussions, including felony charges.
  • Submission Process: After approval, submit the form along with all transaction paperwork. Keep copies for your records, as they may be needed for follow-up enforcement.

Steps to Using Texas Pwd 1238

Once the Texas PWD 1238 form is filled out, it will be submitted to the Texas Parks and Wildlife Department for review. Ensure all required information is accurate and complete to avoid delays in processing.

  1. Obtain the Texas PWD 1238 form from the Texas Parks and Wildlife Department website or your local office.
  2. Fill in the TX and/or Hull/Motor Serial Number(s) at the top of the form.
  3. Enter your name, phone number, and address in the designated sections.
  4. Provide the date of sale and the sales price you paid for the boat or motor.
  5. List all known previous owners, starting with the most current. If you do not know specific information, write "unknown." Include their name, phone number, and address.
  6. For each previous owner, include the date of sale and the sales price they paid.
  7. If you cannot contact a previous owner, check the appropriate box indicating you cannot reach them or that the seller refused to title.
  8. If applicable, complete the section for the skipped owner by providing their name, phone number, and address.
  9. Repeat the previous two steps for any additional owners, if necessary. Attach additional pages if needed and check the corresponding box.
  10. Attach the bill of sale and any other supporting documents required.
  11. Certify that the information is true and correct by signing and printing your name, along with the date.
  12. Fax the completed form and all supplemental documents to the TPWD HQ-Boat section at (512) 389-8323 for review and approval.