By Culberson H.B. No. 883
Substitute the following for H.B. No. 883:
By Black C.S.H.B. No. 883
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the inventory and inventory records of an automobile
1-3 salvage dealer.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 1(c), (f), Chapter 506, Acts of the 57th
1-6 Legislature, Regular Session, 1961 (Article 6687-2, Vernon's Texas
1-7 Civil Statutes), are amended to read as follows:
1-8 (c) A motor vehicle salvage dealer shall keep an accurate
1-9 and legible inventory of each used component part purchased by or
1-10 delivered to him, as follows:
1-11 (1) date of purchase or delivery;
1-12 (2) name, age, address, sex, and driver's license number of
1-13 the seller and a legible photocopy of the seller's driver's
1-14 license;
1-15 (3) the license number of the motor vehicle used to deliver
1-16 the component part;
1-17 (4) a complete description of the item purchased, including
1-18 type of material and, if applicable, the make, model, color, and
1-19 size of the item; and
1-20 (5) the vehicle identification number of the motor vehicle
1-21 from which the component part was removed.
1-22 (d) A motor vehicle salvage dealer is not required to keep
1-23 records under Subsection (c) of this section of interior component
1-24 parts or special accessory parts on a motor vehicle more than 10
2-1 years of age.
2-2 (e) In lieu of the requirements contained in Subsection (c)
2-3 of this section, a motor vehicle salvage dealer may record the name
2-4 of the <dismantler> business that the motor vehicle part is
2-5 purchased from and the Texas Certificate of Inventory number or
2-6 Federal Taxpayer Identification Number.
2-7 (f)(1) A motor vehicle salvage dealer shall:
2-8 (A) assign a unique inventory number to each transaction in
2-9 which the salvage dealer purchases or takes delivery of one or more
2-10 component parts;
2-11 (B) attach the unique inventory number to each component
2-12 part the dealer obtains in the transaction; and
2-13 (C) retain each component part in its original condition on
2-14 the business premises of the original buying salvage dealer for at
2-15 least three calendar days, excluding Sunday, after the date on
2-16 which the dealer obtains the part.
2-17 (2) A unique inventory number attached to a component part
2-18 as required by Subdivision (1) of this subsection may not be
2-19 removed while the part remains in the inventory of the motor
2-20 vehicle salvage dealer. If a component part does not have a
2-21 vehicle identification number or the vehicle identification number
2-22 has been removed or the vehicle identification number of the
2-23 vehicle from which the component part was removed is not available,
2-24 a motor vehicle salvage dealer shall record the component part or
2-25 component parts on an affidavit bill of sale. The form of the
2-26 affidavit bill of sale shall be prescribed and made available by
2-27 the State Department of Highways and Public Transportation.
3-1 (3) This Act Excludes:
3-2 (a) sales and purchases between salvage dealers and
3-3 other automotive related businesses of non-operable engines,
3-4 transmissions and rear axle assemblies.
3-5 SECTION 2. This Act takes effect September 1, 1993, and
3-6 applies only to component parts of motor vehicles received by a
3-7 motor vehicle salvage dealer on or after that date. A motor
3-8 vehicle component part received by a motor vehicle salvage dealer
3-9 before the effective date of this Act is subject to the law in
3-10 effect at the time the dealer received the part, and the former law
3-11 is continued in effect for this purpose.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.