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Filling Out an Affidavit of Fact PDF Form

The Affidavit of Fact form (PWD 314) is required by boat owners in the State of Texas to provide information to the Texas Department of Parks and Wildlife about boat ownership. It’s a supplementary form used when you have a new boat that has never been registered or if you purchased a boat without a title.

Why is the Affidavit of Fact PDF used for?

An affidavit is a legal document testifying to the truth of a statement or offering supplementary explanations. The Affidavit of Fact form PWD 314 is a support document that’s required by the State of Texas, Parks and Wildlife Department (TPWD) when you need to clarify or change ownership information. This form relates to title registration when you buy a new or used boat and/or outboard motor of any size. The PED 314 form should be filed with related tax and sales declarations, including receipts, bills of sale, and insurance information It provides a space to explain in writing why the boat and/or outboard motor title is missing when registering a motorized vessel.

Who Would Use the Affidavit of Fact PDF?

Under Texas state law, all motorized fishing boats, outboard motors, and sailboats over 16 feet in length must be registered by the Parks and Wildlife Department if you live in Texas and want to operate them on navigable waters within the state. The Affidavit of Fact form PWD 314 should be used by anyone who needs to register a fishing boat and/or motor without a title.

When Should You Use the Affidavit of Fact PDF?

This form should be used when you buy or otherwise acquire a fishing boat with an outboard motor or an outboard motor for a boat you currently own that doesn’t have a title. It’s normally filed with application forms PWD 143, 143M, 144, 144M, or 403, relating to sales tax when you apply for registration. These forms provide specific sales information regarding the purchase or transfer, including sales amount, date of purchase, and trade-in information signed by the seller. It allows you to provide written testimony as to why there is no title available.

What are the Consequences for not Using a Affidavit of Fact PDF?

All boats of any size that are powered by an outboard motor are required to be registered in the State of Texas. The most serious consequence if you don’t file this form is that you will be unable to legally resister your boat or operate it within the state. The form must be filed within 20 working days from the date of purchase, or permanent transfer into Texas if you bought the boat out of state. Any false information provided on the form is a third degree felony under Texas Penal Code, Chapter 37, Section 37.10. The possible punishments are up to 10 years in prison and fines of up to $10,000.

Steps for Filling Out a Affidavit of Fact PDF Form

  1. Download the Affidavit of Fact form from the TPWD website or pick it up at one of their locations.
  2. Check the appropriate box for boat or motor, and write the HIM or serial number, the TX number, the year built, and make in the sections marked for each.
  3. Check the box next to the reason(s) for filing the affidavit; you can check as many as apply.
  4. The next section is where you provide your expanded explanation for each of the boxes checked. For example, if your boat has no title, explain why. This is similar to providing legal testimony, so it must be filled out as fully and truthfully as possible.
  5. If you run out of room in the space provided, you can continue on the back of the form or attach a separate sheet of paper. Make sure to check the box stating that there is further explanation on the back or that a second sheet is attached.
  6. The final section contains a warning about providing false information, including possible punishments. By providing your name, address, phone number, and signature, you’re stating that all of the information written on the form is correct.
  7. Attach the form to all other required documents and a checks or money order to cover the fee(s)
  8. Mail or hand deliver the affidavit to your local TPWD office for processing.
affidavit-of-fact-form

Quick Questions

A: It means that in the State of Texas, all resident boat owners are required to register the title to their vessel before operating it on public waters. This applies to both vessels and outboard motors of any size, which must have separate registrations.

A: No. You must have the proper registration and proofs before operating your boat in Texas, and the appropriate decals affixed to the vessel and motor.

A: If you turn the form in at a local office, it should be processed right away unless there are issues. Mailing it in can delay receiving your registration and decals for up to 21 days.

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