1-1  By:  Ratliff                                          S.B. No. 1035
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 7, 1993, reported favorably by the following vote:  Yeas 12,
    1-5  Nays 0; April 7, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker           x                               
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna                                           x   
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire           x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to regulation of certain motor vehicle dealers and the
   1-24  sale, titling, and registration of certain motor vehicles.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Subdivision (vii), Subsection (1-A), Section (a),
   1-27  Article 6686, Revised Statutes, is amended to read as follows:
   1-28        (vii)  In addition to other requirements provided by law, the
   1-29  Department may not issue or renew a general distinguishing number
   1-30  as a motor vehicle dealer or a wholesale motor vehicle auction to
   1-31  an applicant until the applicant shows proof satisfactory to the
   1-32  Department that the applicant has purchased a properly executed
   1-33  surety bond in the amount of $50,000 <$25,000> with good and
   1-34  sufficient surety approved by the Department.  The bond shall be
   1-35  approved as to form by the attorney general and shall be
   1-36  conditioned on the applicant's payment of all valid bank drafts,
   1-37  including checks, drawn by the applicant for the purchase of motor
   1-38  vehicles in the applicant's transfer of good title to each motor
   1-39  vehicle the applicant offers for sale.  In lieu of the bond
   1-40  otherwise required by this subdivision, the Department may accept
   1-41  and receive the pledge of cash, a cash deposit, a certificate of
   1-42  deposit, or other instrument determined by the Department to be
   1-43  adequate security for the obligations of the bond.  Recovery
   1-44  against the bond or other security may be made by a person who
   1-45  obtains a judgment against a dealer or wholesale motor vehicle
   1-46  auction assessing damages and attorney's fees for an act or
   1-47  omission on which the bond is conditioned if the act or omission
   1-48  occurred during the term for which the general distinguishing
   1-49  number will be valid.  The requirements of this subdivision do not
   1-50  apply to a person licensed by the Texas Motor Vehicle Commission.
   1-51        SECTION 2.  The importance of this legislation and the
   1-52  crowded condition of the calendars in both houses create an
   1-53  emergency and an imperative public necessity that the
   1-54  constitutional rule requiring bills to be read on three several
   1-55  days in each house be suspended, and this rule is hereby suspended,
   1-56  and that this Act take effect and be in force from and after its
   1-57  passage, and it is so enacted.
   1-58                               * * * * *
   1-59                                                         Austin,
   1-60  Texas
   1-61                                                         April 7, 1993
   1-62  Hon. Bob Bullock
   1-63  President of the Senate
   1-64  Sir:
   1-65  We, your Committee on State Affairs to which was referred S.B.
   1-66  No. 1035, have had the same under consideration, and I am
   1-67  instructed to report it back to the Senate with the recommendation
   1-68  that it do pass and be printed.
    2-1                                                         Harris of
    2-2  Dallas, Chairman
    2-3                               * * * * *
    2-4                               WITNESSES
    2-5                                                  FOR   AGAINST  ON
    2-6  ___________________________________________________________________
    2-7  Name:  Nancy Gray                                x
    2-8  Representing:  Metroplex Dealers Auto Auction
    2-9  City:  Terrell
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   2-11  Name:  Stanley McDonald                          x
   2-12  Representing:  McDonald Bros Used Cars
   2-13  City:  San Antonio
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   2-15  Name:  Scotty Gray                               x
   2-16  Representing:  Metroplex Dealers Auto Auction
   2-17  City:  Terrell
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   2-19  Name:  Louis Ackerman                            x
   2-20  Representing:  Red Bird Ford
   2-21  City:  Duncanville
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   2-23  Name:  Claudia Dodd                              x
   2-24  Representing:  Dodd Motor Co.
   2-25  City:  Gilmer
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   2-27  Name:  George Dodd                               x
   2-28  Representing:  Dodd Motor Co.
   2-29  City:  Gilmer
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